Part 4
Trump’s Pro-Bono Lawyer
THE COMEY FIRING WAS A TURNING POINT in Graham’s relationship with Trump. In 2016, he had tried to coach Trump through a series of authoritarian outbursts. At that time, the stakes were lower, because Trump was only a candidate. Then Trump became president and continued the outbursts. The danger to the country had increased, but again, Graham confined himself to coaching.
The Comey firing, coupled with the exposure of Trump’s efforts to corrupt the Russia investigation, escalated the crisis. Trump now held the power of the presidency, and he was using it to shield himself from accountability. He was directly attacking the rule of law.
Graham believed in the rule of law. But he didn’t want to turn his back on the president in whom he had invested so much. So he looked for a way to defend Trump without betraying the law.
The solution, he decided, was to become, in effect, Trump’s attorney.
In the weeks after Trump fired Comey, Graham continued to speak to Trump through TV cameras. But the senator’s advice was no longer about Syria or Iran. It was about the Russia investigation.
Graham wasn’t a member of the president’s legal team. But he had worked as a defense attorney in the military, and he knew what kind of counsel Trump needed. “You need to listen to your lawyers, Mr. President,” he
told Trump in one interview. “I am trying to help you. But every time you tweet, it makes it harder on all of us who are trying to help you.”
Thinking like a defense attorney eased Graham’s dilemma. Representing the president’s legal interests felt like a responsible thing to do. And it allowed Graham to set aside his troublesome obligations as a senator. He could stop worrying about the country and just focus on serving his client.
Graham: I think the whole thing with Comey and the president was about Mike Flynn. He didn’t say ‘Stop the Russian investigation.’
The first thing Graham did was abandon all discussion of Trump’s character. In 2015, Graham had explained how Trump’s depravity led to heinous ideas such as torture and banning Muslims. Now, in his informal role as an attorney, he could ignore Trump’s personal corruption and stick to the letter of the law.
By coercing and firing the FBI director, Trump had subverted the principle of accountability. But could anyone prove he had violated a statute? Trump’s private demands for Comey’s loyalty were “
not a crime,” Graham argued. And Trump’s warnings to the FBI director were
insufficient to convict the president of obstructing justice.
On June 15, in a radio interview with Brian Kilmeade, Graham parsed Trump’s February 14 conversation with Comey. “He didn’t say, ‘Stop the Russian investigation,’” Graham
pointed out. “He said, you know, ‘Could you go easy on Mike Flynn?’” Trump was just trying to be a good guy, Graham argued. “There’s no belief in my mind he was trying to stop the investigation illegally.”
Trump’s words belied this gloss. The day after he fired Comey, the president had met privately with Russian Foreign Minister Sergey Lavrov. In the meeting, he had
toldLavrov, “I just fired the head of the FBI. . . . I faced great pressure because of Russia. That’s taken off.”
The remark to Lavrov underscored Trump’s corrupt motives. But when Graham was asked about the Trump-Lavrov meeting, he
insisted that “the president didn’t do anything illegal.”
As Trump’s advocate, Graham selectively withheld information. On May 18, behind closed doors, Rosenstein
briefed senators on the memo he had written about Comey’s shortcomings as FBI director, which Trump had solicited to justify the firing. Graham emerged from the briefing to tell reporters that Rosenstein had defended what he wrote in the memo. But when Graham was asked whether Rosenstein had been “
tasked” to write the memo, he declined to answer.
He also tried to silence his client. After Comey
testified before the Senate Intelligence Committee on June 8, Trump offered to
testify in response. As a senator, Graham should have welcomed the offer. Instead, he advised Trump to say nothing. “It is inappropriate for the president to testify publicly,”
said Graham. “It’s not good for our democracy.”
To accommodate Trump’s abuses of power, Graham would have to do more than reorient his moral framework. He would have to revise some of his previous positions.
To begin with, Graham had to reverse his portrayal of Comey. Previously, Graham had recognized the FBI director as a “
good man.” On May 10, immediately after Trump fired Comey, Graham acknowledged that Comey was “
very sincere” and “
a fine man.” But after the
Times reported on May 11 that Comey had told associates about Trump’s attempts to corrupt him—and after the paper revealed that Comey had recorded these events in memos—Graham realized that Comey’s credibility had to be destroyed. So he recast the former director as a bitter hatchet man.
Comey “was fired. Almost everybody fired is mad at the person that fires them,” Graham
told Kilmeade on June 2. He warned of a “hit job on President Trump, where Comey just talks about selective conversations between him and the president in the White House and tries to create an impression of maybe obstruction of justice.”
Two weeks later, Graham went after Comey again. “After he gets fired, he talks about bad encounters with the president, which he did absolutely nothing about, in terms of reporting it as a crime,” Graham
charged. “He’s got a political agenda.”
This whole line of attack was a sham. Comey hadn’t waited until he was fired to record his bad encounters with Trump. He had documented the encounters months earlier, in real time. That was the point of the memos. It wasn’t Comey who had changed his story. It was Graham.
A WEEK AFTER Trump’s election, Graham went on TV to start sucking up. He had congratulated the president-elect; now he wanted to build a relationship.
specialto.thebulwark.com