Comey's revenge: Why 'Trump has bigger problems now' with special counsel Robert Mueller

​If former FBI director James Comey could give a name to personify his revenge after being fired by President Donald Trump, Robert S. Mueller III might be it.

President faces empowered counsel with greater independence on Russia probe

Former FBI Director James Comey, left, was fired last week. Now his good friend and predecessor at the bureau, Robert Mueller, has been appointed special counsel for an investigation into Trump associates' alleged links with the Russians. (Joshua Roberts, Molly Riley/Reuters)

If former FBI director James Comey could give a name to personify his revenge after being fired, Robert S. Mueller III might be it.

Comey was overseeing the investigation into U.S. President Donald Trump's associates' alleged ties with Russia until last week, when Trump sacked him amid reported efforts to expand the probe. Instead, Comey's good friend Mueller, a quintessential G-Man who preceded Comey as chief at the bureau from 2001 until 2013, steps into the oversight role.

Trump, who maintains there was no collusion with the Kremlin and calls the investigation a "witch hunt," may not be pleased with the switch-up.

After being tapped on Wednesday to be the special counsel on the Trump-Russia probe, Mueller is endowed with sweeping prosecutorial powers and greater independence.

U.S. President Donald Trump, shown at a joint news conference at the White House, has called the investigation into his campaign's alleged ties with Russia a 'witch hunt.' (Kevin Lamarque/Reters)

That in theory gives him authority to investigate the circumstances around Comey's abrupt dismissal, among other matters that could be tangentially linked to the Russia investigation.

"Trump has bigger problems now with Mueller as an independent counsel," says Barak Cohen, a former federal corruption prosecutor now with the Washington law firm Perkins Coie.

Mueller's designation falls outside the normal Department of Justice chain of command, giving him "an extra layer of impartiality" from the White House, Cohen says. And he will also have a broad legal ambit.

"When prosecutors start investigating cases, there's a starting point," Cohen says. "There's Point X, but they'll go any variety of directions, and if they find new evidence, they'll follow that, too."

Echoes of Clinton investigation

Take, for example, Ken Starr's investigation during the 1990s of the Whitewater controversy. An initial probe of real estate investments arguably devolved into a fishing expedition that turned up former president Bill Clinton's affair with Monica Lewinsky.

Ken Starr, president of Baylor University, testifies at the House committee on education in 2014. Starr's 1990s Whitewater investigation arguably devolved into a fishing expedition that turned up former president Bill Clinton's affair with Monica Lewinsky. (Associated Press)

As outside counsel, Mueller will have broad resources, including the go-ahead to recruit FBI agents and analysts, the capacity to staff his own team with security clearances, work out of a new secure facility, and dig anywhere the Trump-Russia investigation may lead.

"If the idea by the White House was to remove Comey in order to block the investigation, that was foolish," said former U.S. attorney general Alberto Gonzales.

"The fact is, independent prosecutors can go far afield in investigating things."

Trump's tax returns could be subpoenaed if they fall within the scope of his wider probe. Mueller could also interview Trump, convene a grand jury and bring criminal charges.

A 2013 file photo shows then-incoming FBI Director James Comey talking with his friend, the outgoing FBI Director Robert Mueller, before Comey was officially sworn in at the Justice Department in Washington. (Susan Walsh/Associated Press)

Six words in Deputy Attorney General Rod Rosenstein's order appointing Mueller expressly allow this to happen. Mueller can explore any matters that "may arise directly from the investigation," even if something seems to be on the margins of the main Trump-Russia probe.

The former attorney general holds Mueller in high regard as someone who reported to him almost every morning for three years at the Justice Department.

'Serious political implications'

While Gonzales notes that Trump, as head of the executive branch, can technically fire Mueller, "there would be serious political implications" were Trump to remove him now.

"To do that after having courted controversy by already firing Comey would leave [Trump] skating on even thinner ice," says Rajan Menon, an expert on Russia who teaches international relations at the City College of New York.

Any apparent attempt by anyone associated with Trump, to say nothing of Trump himself, to impede Mueller's investigation "will make this already bad situation worse for the president."

Deputy U.S. Attorney General Rod Rosenstein arrives on Capitol Hill in Washington on Thursday for a closed-door meeting with senators a day after appointing former FBI director Robert Mueller to oversee the investigation into possible ties between Russia and Trump's campaign. (Jacquelyn Martin/Associated Press)

Mueller's appointment was applauded by lawmakers on both sides of the aisle, and was seen as restoring credibility to the Justice Department following the blaming of Comey's dismissal on the assistant attorney general.

"With Mueller, you've got a home run," says Chris Swecker, a former FBI lead on the criminal division who served directly under Mueller for two years.

'He's the exact right person'

"He's the exact right person. He's been a line-level homicide prosecutor in D.C., right there in the trenches. He's been the FBI director for 12 years, and he's darkened the door of a courtroom, so you bet he knows how to prosecute."

Swecker is also confident Mueller will work expeditiously, citing a no-nonsense approach as a prosecutor, and hopefully pacifying possible fears the investigation could drag on for years.

Mueller, then FBI director, listens as he testifies on Capitol Hill in 2012. Mueller spent 12 years wrestling the agency into a terrorism-fighting force, and now he oversees the investigation into Trump's associates' alleged ties with Russia. (J. Scott Applewhite/Associated Press)

"I'll bet a steak dinner that it won't take longer than a year before we start seeing some actual action … towards some sort of prosecution."

That may come at the expense of the American public's appetite for details and investigation updates. Federal prosecutors do their work in the dark, and Mueller is expected to plug potential leaks and tamp down headlines, giving Republicans some respite.

The press isn't going to get progress reports.-— Chris Swecker, ex-FBI official

"The press isn't going to get progress reports. It's going to get dark for a while," says Swecker, who is skeptical of any Trump-Russian collusion. "That will be good for the administration. They'll get away from this topic for a while."

Mueller, who will resign from the law firm WilmerHale, is accustomed to high-pressure investigations under intense scrutiny. He assumed the FBI directorship just days before the Sept. 11, 2001, attacks and had his decade-long tenure extended after the Republican administration of George W. Bush and while serving under Democratic president Barack Obama.

Former Florida governor Bob Graham waves at a state party convention in 2011. Graham says he hopes Mueller 'feels there is a sense of a clock ticking, and that consequences to delay this will cause him to move judiciously.' (Associated Press)

A rare Mueller detractor is former senator Bob Graham, who sparred with him when the Democrat from Florida co-chaired the joint congressional inquiry into intelligence lapses before 9/11. Although Graham welcomed the appointment of an independent prosecutor, he made it clear Mueller would not have made his short list.

"We butted heads over information on several instances," Graham said about his time on the 9/11 Review Commission.

Still, Graham is reserving judgment.

"I'm prepared to give him the chance to redeem himself," he said. "I hope he feels there is a sense of a clock ticking, and that consequences to delay this will cause him to move judiciously."


Matt Kwong


Matt Kwong was the Washington-based correspondent for CBC News. He previously reported for CBC News as an online journalist in New York and Toronto. You can follow him on Twitter at: @matt_kwong


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