On Thursday night, multiple outlets broke news that White House Chief of Staff Reince Priebus communicated with top FBI officials and asked them to publicly contradict media reports of communications between Trump’s associates and Russians during the presidential campaign.
Citing the ongoing reports into the investigation, the FBI refused.
The White House issued its own denials, as well as a confusing back-and-forth timeline defending Priebus’ request — initially saying that the FBI had contacted Priebus first, before walking that back to confirm the original timeline.
But according to legal experts, Priebus’ contact with the FBI were deeply unethical and possibly illegal.
For one, the FBI’s investigation into the Trump campaign and administration’s contacts with Russia is ongoing, and as White House Chief of Staff, Priebus’ contact with the FBI appears to be in violation of Department of Justice rules.
Federal law also prohibits any communication that “endeavors to influence, obstruct, or impede, the due administration of justice.” If Priebus requested that the FBI publicly report that an ongoing investigation was closed, that could be a violation of this law.
“[I]t could well be attempted obstruction of justice, and it’s certainly so unethical that it would be a firing offense for a chief of staff in any White House that respects the rule of law,” Larry Tribe, professor of constitutional law at Harvard University, told ThinkProgress.
Now, some lawmakers — thus far, only Democrats — are calling for an independent investigation into Priebus’ involvement, and reiterating calls for an independent investigation into the Trump administration’s ties with Russia.
Reports of the White House attempting to bury stories reinforce the need for an immediate independent investigation. https://t.co/xxqHfykDDT
— Katherine Clark (@RepKClark) February 24, 2017
I am alarmed by reports that the Trump Admin sought to pressure the FBI into making a public stmt to minimize a pending investigation (1/2)
— Steny Hoyer (@WhipHoyer) February 24, 2017
These reports underscore the need for an independent commission to investigate Trump's ties to Russia https://t.co/hf2TMENgOi (2/2)
— Steny Hoyer (@WhipHoyer) February 24, 2017
WH COS asks FBI to publicly dispute reports of Trump officials talking to Russian intel agents. More proof independent investigation needed https://t.co/qK8m02pfbr
— Rep. Ted Deutch (@RepTedDeutch) February 24, 2017
The notion that @POTUS Admin would call @FBI & ask them to publicly downplay an ongoing investigation into Russia ties is deeply disturbing. https://t.co/k5H3Qklni5
— Senator Bob Casey (@SenBobCasey) February 24, 2017
One of the allegations in the articles of impeachment brought against Nixon was that he had used the White House to interfere or endeavor to interfere with “the conduct of investigations by the Department of Justice of the United States, the Federal Bureau of Investigation, the office of Watergate Special Prosecution Force, and Congressional Committees…”
Though all of the details of what Priebus asked of the FBI are unknown, the similarities are drawing notice of lawmakers.
It's been decades since we've seen intrusion from the WH into the FBI. Congress must investigate #Russia's hold over Trump's administration.
— Rep. Joe Crowley (@repjoecrowley) February 24, 2017
Americans deserve the truth about #TrumpRussia ties & @WhiteHouse is trying to cover it up. RT to tell GOP to do its job and #InvestigateNow https://t.co/N878hC6fGA
— Jim McGovern (@RepMcGovern) February 23, 2017
A reminder for Trump: Nixon also tried to stop an FBI investigation. He found out no president is above the law. https://t.co/U1QDfJ8IS5
— Jim McGovern (@RepMcGovern) February 24, 2017
Currently, however, all of the lawmakers calling for an independent investigation are Democrats, and Republicans control both Houses of Congress. They have been silent on the allegations of the White House attempting to interfere with an FBI investigation.
As it stands, if the FBI finds that there were illegalities in the Trump campaign’s conduct, those findings would be handed over to Attorney General Jeff Sessions, who hasn’t recused himself.
Sessions is one of Trump’s top political advisers, and was heavily involved in his campaign.
