President Donald Trump wanted to order federal prosecutions of Hillary Clinton and former FBI director James Comey, The New York Times reported Tuesday.
According to the Times, which cited two unnamed sources, Trump in the spring told then-White House counsel Donald McGahn of his desire, but McGahn balked, saying he had no authority to order the Department of Justice to prosecute. He also told Trump he could ask for an investigation, but even that could set off accusations of abuse of power, the Times reported.
McGahn had White House lawyers write a memo for Trump warning that if he asked law enforcement to investigate his rivals, he could face consequences including possible impeachment, the Times reported.
Still, Trump continued to privately discuss the matter, including a possible appointment of a second special counsel to investigate both Clinton and Comey — and has expressed disappointment in FBI Director Christopher Wray for failing to investigate Clinton, calling him weak, the Times reported.
A White House spokesman declined to comment, and there was no comment from the FBI on the reported criticism of Wray.
“Mr. McGahn will not comment on his legal advice to the president,” his lawyer, William Burck, told the Times.
“Like any client, the president is entitled to confidentiality. Mr. McGahn would point out, though, that the president never, to his knowledge, ordered that anyone prosecute Hillary Clinton or James Comey.”
Trump last year called his distance from law enforcement one of the “saddest” parts of being president.
“I look at what’s happening with the Justice Department,” he said in a 2017 radio interview. “Well, why aren’t they going after Hillary Clinton and her emails and with her, the dossier?”
“I am not supposed to be doing the kind of things that I would love to be doing. And I am very frustrated,” he added.