DOJ Investigations of Presidents: From Nixon to Trump with Elie Honig

The "When You Come at the King" Doctrine

• 👑 The title of the book, "When You Come at the King," is a quote from The Wire, reflecting the high stakes and personal commitment of those involved in investigating presidents.
• ⚠️ It also signifies the current era where presidents, particularly Donald Trump, have made clear there will be retribution against anyone who investigates them.

Historical Presidential Investigations

• 🏛️ The book traces the DOJ's involvement in investigating presidents from the Nixon era through independent counsels and special counsels.
• 🔍 Key figures like Archibald Cox, Ken Starr, Patrick Fitzgerald, Robert Mueller, John Durham, Robert Hur, David Weiss, and Jack Smith are discussed.
• 💥 The Saturday Night Massacre during Watergate is highlighted as an example of presidential obstruction, with prosecutors facing uncertainty about their jobs.
• 🛡️ Robert Mueller, an American hero, faced intense verbal attacks from Donald Trump, and his reputation was damaged despite his team's support for his actions.

The Clinton Email Case and Special Counsels

• 📧 The decision not to appoint a special counsel in the 2016 Clinton email case is presented as a mistake.
• 🗣️ Loretta Lynch's tarmac meeting with Bill Clinton cast a shadow, and Jim Comey's subsequent actions, including two election eve announcements, may have influenced the election outcome.
• 📈 The period from 2016-2023 saw an unusual number of special counsel appointments (five in seven years) compared to the previous 17 years (only one).

Proposal for a Semi-Permanent Special Counsel

• ⚖️ Elie Honig proposes the establishment of a semi-permanent special counsel position within the DOJ to handle future presidential investigations.
• 🗓️ This role would ideally have a set term, be nominated by the president and confirmed by the Senate, providing a balance of independence and accountability.
• 🔒 The individual would need enhanced protection against firing and their team would need to be vetted for political bias to ensure impartiality.
• 🔄 History shows that the system needs renewal every 20-25 years, and the current system, in place for 26 years, is due for re-examination.

Personal Reflection on Special Counsel Roles

• 🎤 When asked if he would take a special counsel role to investigate a president, Elie Honig indicated that his prosecutor instincts would kick in, and he would accept the role.