Trump upstages his State of the Union address with a meltdown over the Justice Department
President Trump and Attorney General Jeff Sessions attend the FBI National Academy graduation ceremony in Quantico  Va. (Evan Vucci/AP)
We’re not much further along than we were Monday in piecing together the explanation for former FBI deputy director Andrew McCabe’s abrupt departure. Reports are disturbing insofar as they paint a picture of a vengeful president who is out of control and of a chief of staff  John F. Kelly  helping  President Trump  to muscle McCabe out of his post. Bloomberg reports: 
Trump  erupted in anger while traveling to Davos after learning that Associate Attorney General Stephen Boyd warned that it would be “extraordinarily reckless” to release a classified memo written by House Republican staffers. The memo outlines alleged misdeeds at the FBI and Justice Department related to the Russia investigation. For  Trump   the letter was yet another example of the Justice Department undermining  him  and stymieing Republican efforts to expose what the president sees as the politically motivated agenda behind Special Counsel Robert Mueller’s probe.  Trump ’s outburst capped a week where  Trump  and senior White House officials personally reproached Attorney General Jeff Sessions and asked White House Chief of Staff John Kelly to speak to others — episodes that illustrate  Trump ’s preoccupation with the Justice Department  according to two of the people.
Once again  we see evidence that  Trump  believes the Justice Department should be working for  him  and allowing House Intelligence Committee Chairman Devin Nunes’s spurious memo to be released (because  Trump  thinks it helps  him ).  Trump  sees nothing wrong with strong-arming those involved in an investigation of  him  out the door.  He  blows up when the DOJ acts on national security grounds and when it complicates a campaign to smear the FBI.
Opinion   If  President Trump  were to fire the bane of  his  legal troubles   he  could spark a legal and constitutional crisis. Post Opinion writer Quinta Jurecic lays out how  Trump  could get rid of special counsel Robert Mueller  and what would happen as a result. (Adriana Usero/The Washington Post)
Former Justice spokesman Matt Miller observes that “even beyond the criminal question  which we spend a lot of time on for good reason. . . .the idea of the White House trying to intervene in matters involving an investigation into the president is beyond unacceptable.” The White House spokeswoman’s denial that  Trump  had any role to play in McCabe’s departure is laughable  and once again raises the question as to why the White House continues to mislead and coverup its actions if it believes the president is behaving properly.
What is also apparent is that far from a moderating influence  Kelly is a foot soldier in  Trump’s  effort to intimidate the FBI. “After  Trump ’s strong reaction on Air Force One over the Boyd letter  White House officials  including Kelly  sprang into action again  lashing Justice Department officials Thursday over the decision to send the letter ” Bloomberg reports.
There are vivid  telling details providing insight into  Trump ’s small-minded  vindictive approach to “governing” — if you can call it that. NBC News reports  Trump  called McCabe the day after the firing of FBI Director James B. Comey to grouse that Comey was allowed to take a government plane home from Los Angeles:
McCabe told the president he hadn’t been asked to authorize Comey’s flight  but if anyone had asked  he would have approved it  three people familiar with the call recounted to NBC News. The president was silent for a moment and then turned on McCabe  suggesting he ask his wife how it feels to be a loser — an apparent reference to a failed campaign for state office in Virginia that McCabe’s wife made in 2015. McCabe replied  “OK  sir.”  Trump  then hung up the phone.
The White House denies the report  evidencing some awareness that it portrays  Trump  as a raving lunatic and petty tyrant. But why after all the lies (Never considered firing Robert S. Mueller? No contacts with Russians by the campaign?) would we believe anything the White House has to say at this point?
However  if this was all part of an attempt by  Trump  to intimidate witnesses  discredit  his  own Justice Department and bring the FBI to heel  then it most certainly is another piece of the obstruction puzzle.
Before the latest news  one legal analyst pointed out that if it is true  as a Foreign Policy report alleged  that  Trump  launched an organized smear campaign against McCabe; chief of staff and senior counselor to the director of the FBI Jim Rybicki; and former FBI general counsel James A. Baker  then the federal witness tampering statute (18 USC Section 1512) might come into play. That statute makes it illegal to use intimidation  threaten  or corruptly persuade another person  or attempts to do so with intent  among other things  to induce someone to change or withhold testimony or to “hinder  delay  or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense.”
It will be tough to prove the character assassination plan “rose to the level of a knowing attempt to intimidate  threaten or corruptly persuade the men not to testify in front of Mueller or whether the campaign against them was intended to somehow delay or alter their testimony in a way that would not have occurred but for the campaign itself.” Nevertheless  Section 1512 (c) separately gives Mueller some more running room. That subsection makes it illegal to “corruptly” take action that “otherwise obstructs  influences  or impedes any official proceeding  or attempts to do so.” That generic catch-all could well  if the press accounts prove true  pose one more legal problem for  Trump .
In any event  one does get the sense the wheels are coming off the bus at the White House.  Trump ’s level of panic is rising and  his  subordinates’ ability to contain  him  and prevent  him  from acting on  his  impulses seems to be diminishing. If not committing new crimes  he’s giving  Mueller  plenty of evidence of his “corrupt” intent.
Chuck Schumer: What I’m listening for in Trump’s State of the Union
The State of the Union  in  Trump ’s real words
President Trump and Attorney General Jeff Sessions attend the FBI National Academy graduation ceremony in Quantico  Va. (Evan Vucci/AP)
We’re not much further along than we were Monday in piecing together the explanation for former FBI deputy director Andrew McCabe’s abrupt departure. Reports are disturbing insofar as they paint a picture of a vengeful president who is out of control and of a chief of staff  John F. Kelly  helping  [TGT]. Bloomberg reports: 
[TGT]erupted in anger while traveling to Davos after learning that Associate Attorney General Stephen Boyd warned that it would be “extraordinarily reckless” to release a classified memo written by House Republican staffers. The memo outlines alleged misdeeds at the FBI and Justice Department related to the Russia investigation. For [TGT]the letter was yet another example of the Justice Department undermining  [TGT]  and stymieing Republican efforts to expose what the president sees as the politically motivated agenda behind Special Counsel Robert Mueller’s probe.  [TGT] ’s outburst capped a week where  [TGT]and senior White House officials personally reproached Attorney General Jeff Sessions and asked White House Chief of Staff John Kelly to speak to others — episodes that illustrate  [TGT] ’s preoccupation with the Justice Department  according to two of the people.
Once again  we see evidence that  [TGT]believes the Justice Department should be working for  [TGT]  and allowing House Intelligence Committee Chairman Devin Nunes’s spurious memo to be released (because  [TGT]  thinks [TGT] helps  [TGT] ).  [TGT]  sees nothing wrong with strong-arming those involved in an investigation of  [TGT]  out the door.  [TGT]  blows up when the DOJ acts on national security grounds and when it complicates a campaign to smear the FBI.
Opinion   If  [TGT]were to fire the bane of  [TGT]  legal troubles   [TGT]  could spark a legal and constitutional crisis. Post Opinion writer Quinta Jurecic lays out how  [TGT]could get rid of special counsel Robert Mueller  and what would happen as a result. (Adriana Usero/The Washington Post)
Former Justice spokesman Matt Miller observes that “even beyond the criminal question  which we spend a lot of time on for good reason. . . .the idea of the White House trying to intervene in matters involving an investigation into [TGT] is beyond unacceptable.” The White House spokeswoman’s denial that  [TGT]had any role to play in McCabe’s departure is laughable  and once again raises the question as to why the White House continues to mislead and coverup its actions if it believes [TGT] is behaving properly.
What is also apparent is that far from a moderating influence  Kelly is a foot soldier in  Trump’s  effort to intimidate the FBI. “After  [TGT] ’s strong reaction on Air Force One over the Boyd letter  White House officials  including Kelly  sprang into action again  lashing Justice Department officials Thursday over the decision to send the letter ” Bloomberg reports.
There are vivid  telling details providing insight into  [TGT] ’s small-minded  vindictive approach to “governing” — if you can call it that. NBC News reports  [TGT]called McCabe the day after the firing of FBI Director James B. Comey to grouse that Comey was allowed to take a government plane home from Los Angeles:
McCabe told the president he hadn’t been asked to authorize Comey’s flight  but if anyone had asked  he would have approved it  three people familiar with the call recounted to NBC News. The president was silent for a moment and then turned on McCabe  suggesting he ask his wife how it feels to be a loser — an apparent reference to a failed campaign for state office in Virginia that McCabe’s wife made in 2015. McCabe replied  “OK  sir.”  [TGT]then hung up the phone.
The White House denies the report  evidencing some awareness that it portrays  [TGT]as a raving lunatic and petty tyrant. But why after all the lies (Never considered firing Robert S. Mueller? No contacts with Russians by the campaign?) would we believe anything the White House has to say at this point?
However  if this was all part of an attempt by [TGT]to intimidate witnesses  discredit  [TGT]  own Justice Department and bring the FBI to heel  then it most certainly is another piece of the obstruction puzzle.
Before the latest news  one legal analyst pointed out that if it is true  as a Foreign Policy report alleged  that  [TGT]launched an organized smear campaign against McCabe; chief of staff and senior counselor to the director of the FBI Jim Rybicki; and former FBI general counsel James A. Baker  then the federal witness tampering statute (18 USC Section 1512) might come into play. That statute makes it illegal to use intimidation  threaten  or corruptly persuade another person  or attempts to do so with intent  among other things  to induce someone to change or withhold testimony or to “hinder  delay  or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense.”
It will be tough to prove the character assassination plan “rose to the level of a knowing attempt to intimidate  threaten or corruptly persuade the men not to testify in front of Mueller or whether the campaign against them was intended to somehow delay or alter their testimony in a way that would not have occurred but for the campaign itself.” Nevertheless  Section 1512 (c) separately gives Mueller some more running room. That subsection makes it illegal to “corruptly” take action that “otherwise obstructs  influences  or impedes any official proceeding  or attempts to do so.” That generic catch-all could well  if the press accounts prove true  pose one more legal problem for [TGT] .
In any event  one does get the sense the wheels are coming off the bus at the White House.  [TGT] ’s level of panic is rising and  [TGT]  subordinates’ ability to contain  [TGT]  and prevent  [TGT]  from acting on  [TGT]  impulses seems to be diminishing. If not committing new crimes  he’s giving  Mueller  plenty of evidence of his “corrupt” intent.
Chuck Schumer: What I’m listening for in Trump’s State of the Union
The State of the Union  in  [TGT] ’s real words