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Trump wanted Justice Department 'to prosecute Hillary Clinton and James Comey'

President was told he did not have authority to do so

Andrew Buncombe
Seattle
Wednesday 21 November 2018 00:17 GMT
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President Trump defends daughter Ivanka's personal email use, says 'she'd didn't delete her emails like Hillary Clinton'

Donald Trump wanted to order his officials to prosecute both Hillary Clinton and James Comey, but was told he did not have the authority to do so, a new report has claimed.

In a development that came as speculation mounts about possible indictments that might be brought against Mr Trump or members of his campaign team by special prosecutor Robert Mueller, the report said in the spring of 2017, Mr Trump told former White House counsel Don McGahn he wanted the Department of Justice to pursue cases against the woman he defeated in his battle for the White House, and the person he fired from his position as FBI director.

The New York Times said Mr Trump was told by Mr McGahn he did not have the power to do so, despite his wide-ranging authority as president. Rather, it said, Mr McGahn tasked White House lawyers with composing a memo warning the president that asking for the investigation could lead to possible impeachment.

The newspaper said the alleged incident “was one of the most blatant examples yet of how Mr Trump views the typically independent justice department as a tool to be wielded against his political enemies”. It said it had taken on added significance in recent weeks when Mr McGahn left the White House and Mr Trump appointed loyalist Matthew Whitaker, as acting attorney general.

There has been speculation Mr Whitaker might try and terminate Mr Mueller’s probe, though such considerations have appeared to die down after Mr Trump said he had submitted written answers to questions presented by the special counsel.

The president told reporters before boarding Marine One to travel to Mar-a-Lago in Florida, that he finished the written answers on Monday and provided them to his lawyers.

“The written answers are finished,” Mr Trump said. “The written answers to the witch hunt that’s been going on forever.”

Mr Trump’s lawyer, Jay Sekulow said in a statement: “The president today answered written questions submitted by the special counsel’s office. The questions presented dealt with issues regarding the Russia-related topics of the inquiry. The president responded in writing.”

Mr Trump has not yet commented on the latest accusation, neither has the White House. He ignored reporters’ shouted questions on his arrival in Florida on Tuesday afternoon.

Mr McGahn’s lawyer, William Burck, told the Times the former White House counsel “will not comment on his legal advice to the president”.

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“Like any client, the president is entitled to confidentiality,” Mr Burck added. “Mr McGahn would point out, though, that the president never, to his knowledge, ordered that anyone prosecute Hillary Clinton or James Comey.”

While Mr Trump frequently encouraged his supporters to chant “Lock her up” about Ms Clinton during his campaign rallies, a reference to her inappropriate use of a private email server, and threatened during a debate to appoint a special prosecutor to examine her use of the server, it is not clear what specific charges the president felt should be brought against her. Mr Trump has previously accused Mr Comey of leaking classified information to reporters, something the former FBI director has denied.

In the summer of 2016, Mr Comey announced that an FBI investigation into Ms Clinton’s use of a private email server, located at her home in upstate New York, led agents to conclude no “reasonable prosecutor” would bring a criminal case against her. However, he said she and her aides were “extremely careless” in their handling of classified information.

This week, it was reported that Mr Trump’s eldest daughter, Ivanka Trump, who advises him in the White House, had used communicated with top administration officials through a private email account prior to her joining the West Wing last year.

“Just so you understand, Ivanka Trump did some emails, they were not classified like Hillary Clinton,” Mr Trump told reporters on Tuesday.

“She wasn’t doing anything to hide her emails. I looked at it briefly today and the presidential record, they are all in presidential records, there was no hiding.”

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