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40 MICHAEL WOLFF
the presidency. That's what it looked like on paper. But the opposite was
true, too. There was a permanent-government class in the Justice Depart-
ment that believed an election ought to have no role at all in how the
DOJ conducted itself. The department was outside politics and ought
to be as blind as the courts. In this view, the Justice Department, as the
nation’s preeminent investigator and prosecutor, was as much a check on
the White House, and ought to be as independent of the White House,
as the other branches of government. (And within the Justice Department,
the FBI claimed its own level of independence from its DOJ masters, as
well as from the White House itself.)
Even among those at Justice and the FBI who had a more nuanced
view, and who recognized the symbiotic nature of the department's rela-
tionship with the White House, there was yet a strong sense of the lines
that cannot be crossed. The Justice Department and the FBI had, since
Watergate, found themselves accountable to Congress and the courts. Any
top-down effort to influence an investigation, or any evidence of having
bowed to influence—memorialized in a memo or email—might derail a
career.
In February 2018, Rachel Brand, the associate attorney general, a for-
mer Bush lawyer who had been nominated for the number three DOJ
job by Obama, resigned to take a job as a Walmart lawyer. If Trump had
fired Rosenstein during Brand's tenure, she would have become acting
attorney general overseeing the Mueller investigation. She told col-
leagues she wanted to get out before Trump fired Rosenstein and then
demanded that she fire Mueller. She would take Bentonville, Arkansas,
where Walmart had its headquarters, over Washington, D.C.
For a generation or more, the arm’s-length relationship between the
White House and the Department of Justice often seemed more like a
never-ending conflict between armed camps. Bill Clinton could hardly
stomach his attorney general, Janet Reno, having to weather the blowback
from her decisions regarding Ruby Ridge, a standoff and deadly overre-
action between survivalists and the FBI; Waco, another botched standoff
with a Christian cult; and the investigation of Dr. Wen Ho Lee, with the
DOJ chastised for its reckless pursuit of a suspected spy. Clinton came
very close to firing Louis Freeh, his FBI director, who openly criticized
SIEGE 41
him, but managed to swallow his rage. Top people from the Bush White
House, the FBI, and the Justice Department almost came to literal blows
at the bedside of the ailing AG John Ashcroft—James Comey himself
standing in the way of the White House representatives trying to get Ash-
croft to renew a domestic surveillance program—with the White House
finally having to back down. Under Obama, Comey, who by then was the
FBI director, made a further grab for the FBI’s independence from the
Justice Department when he unilaterally decided to end and later reopen
the Hillary Clinton email investigation—and, by doing so, arguably toss-
ing the election to her opponent.
Enter Donald Trump, who had neither political nor bureaucratic
experience. His entire working life was spent at the head of what was in
essence a small family operation, one designed to do what he wanted and
to bow to his style of doing business. At the time of his election, he was
absent even any theoretical knowledge of modern government and its
operating rules and customs.
Trump was constantly being lectured about the importance of “cus-
tom and tradition” at the Justice Department. As reliably, he would
respond, “I don’t want to hear this bullshit!”
He needed, one aide observed, “a hard, black line. Without a hard,
black line that he can’t cross, he’s crossing it-”
Trump believed what to him seemed obvious: the DOJ and FBI
worked for him. They were under his direction and control. They must do
exactly what he demanded of them; they must jump through his hoops.
“He reports to me!” an irate and uncomprehending Trump repeated early
in his tenure about both his attorney general Jeff Sessions and his FBI
director James Comey. “I am the boss!”
“I could have made my brother the attorney general,” Trump insisted,
although in fact he did not even speak to his brother (Robert, a seventy-
one-year-old retired businessman). “Like Kennedy.” (Six years after John
E Kennedy appointed his brother Robert attorney general, Congress
passed the Federal Anti-Nepotism Statute, called the “Bobby Kennedy
law,’ to prevent exactly this sort of thing in the future—although that
did not stop Trump from hiring his daughter and son-in-law as senior
advisers.)
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