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Michael Isikoff reported the Hill briefings and the Steele dossier’s allegations regarding Carter Page.
On Oct. 30, Harry Reid again publicly wrote Mr. Comey: “In my communications with you and other
top officials in the national security community, it has become clear that you possess explosive
information about close ties and coordination between Donald Trump, his top advisors, and the
Russian government.”

That these leaking efforts failed to prevent Mr. Trump’s victory, or that Mr. Comey’s ham-fisted
interventions might have also hurt Mrs. Clinton’s electoral prospects, does not diminish the legal
significance of the anti-Trump bias shown by government officials.

The totality of the circumstances creates the appearance that Crossfire was politically motivated. Since
an attempt by federal law enforcement to influence a presidential election “shocks the conscience,”
any prosecutorial effort derived from such an outrageous abuse of power must be suppressed. The
public will learn more once the inspector general finishes his investigation into Crossfire’s genesis.
But given what is now known, due process demands, at a minimum, that the special counsel’s activity
be paused. Those affected by Mr. Mueller’s investigation could litigate such an argument in court.
One would hope, however, that given the facts either Mr. Mueller himself or Deputy Attorney General
Rod Rosenstein would do it first.

Mr. Rivkin and Ms. Foley practice appellate and constitutional law in Washington. He served at the
Justice Department and the White House Counsel’s Office during the Reagan and George H.W. Bush
administrations. She is a professor at Florida International University College of Law.

Appeared in the June 23, 2018, print edition.

Best,

Andrew

Andrew Grossman
Partner

Washington Square
1050 Connecticut Ave, N.W. | Suite 1100
Washington, DC 20036-5304

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