In his farewell address, George Washington warned that political parties, which did not exist when he first took office, were likely “to become potent engines, by which cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of government, destroying afterwards the very engines which have lifted them to unjust dominion."
That is where we are today if Republicans in Congress choose to dismiss Donald Trump’s firing of former FBI Director James Comey as simply the exercising of presidential prerogative. This is not a time for partisan circling of the wagons to protect one’s own. Instead, it is time for the party that professes to be the great protector of the Constitution to embrace the fundamental separation of powers that our founding fathers recognized as the single best tool to check any attempt to subvert democracy itself.
Consider how such subversion might transpire – an ambitious candidate with little respect for Constitutional limits on power, a recognized lack of moral principle and a win-at-any-cost reputation decides to pursue the presidency, naming a former agent for Russian politicians as campaign manager. As the campaign unfolds, a series of security breaches and releases of stolen communications take place against his opponent. Every intelligence agency involved in studying possible meddling identify with virtual certainty that those breaches were perpetrated by Russia with the intent of harming the candidate’s opponent.
Once elected, it becomes known that members of the campaign and transition team not only communicated with Russia after the election, but possibly before and that some lied about those communications. The FBI becomes central to investigating possible attempts by Russia to influence the election, which rightfully requires investigating the questionable contacts between the candidate’s team and Russian officials. This investigation becomes even more urgent given the unusual praise the candidate showered upon Russian President Vladimir Putin during the campaign.
Given all that, how could a president thwart such an investigation? Well, he could start by firing the person heading the most independent investigation of the election. That is precisely what Donald Trump did – and admitted to in an interview with NBC’s Lester Holt – when he fired James Comey. Given the circumstances under investigation, this is nothing less than democracy at risk.
Now, it is entirely possible that Donald Trump and his campaign are completely innocent in this case. But that is not for the president to decide, and if he tries to claim it is and obstructs law enforcement’s pursuit of the truth, then it is the duty of Congress to step in and state that this will not stand. It is their duty to ensure that a full, fair and thorough investigation takes place. Moreover, Congressional members of both parties need to state in no uncertain terms that they understand the gravity of the situation and that country takes precedence over party. That is patriotism – and the elegance of our Constitution – at work.
Whether guilty or innocent, if this president can fire the person investigating potential wrongdoing – potentially treasonous wrongdoing – then so can the next president. The precedent regarding how such challenges to our democracy are addressed is being set now. Will the precedent be one of principle, or one of partisanship? The reputation of the Republican party and the future of the republic itself will largely be determined by whether Republicans choose loyalty to the Constitution or to their party. Their choice will determine just how prescient our country’s first president may have been.
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