成立沒多久的特朗普政府遇到的麻煩已經(jīng)很多了。上周四又多了一個。前聯(lián)邦調(diào)查局（FBI）局長詹姆斯?科米在美國參議院特別委員會的證詞簡直令人震驚。倒不是因為他的證詞揭露了總統(tǒng)犯下的罪行，最讓人擔心的是人們看到一位撒謊成性，完全不管公眾利益的總統(tǒng)，這位總統(tǒng)要么完全無知，要么故意破壞極其重要的規(guī)矩，已無法保證聯(lián)邦法律的執(zhí)行不受政治影響。

當然了，今年5月是總統(tǒng)特朗普宣布解雇了科米。一開始白宮稱解雇原因是，去年夏天和秋天科米對希拉里?克林頓郵件門的調(diào)查存在爭議。但很快特朗普就公開承認，解雇科米的原因?qū)嶋H上是不滿意FBI調(diào)查俄羅斯干涉大選，以及調(diào)查特朗普競選與俄羅斯可能串通的情況。

首先要指出，科米一直是共和黨人。有報道稱他曾在2008年和2012年大選中贊助麥凱恩和羅姆尼。之前喬治?W?布什政府中他曾擔任高位。擔任FBI局長后，科米決定退出共和黨，主要因為該職位要求不參與政治。2016年大選期間，科米對希拉里郵件門事件的處理失當，左翼右翼勢力都在指責。但所有人都知道科米個性正直且非常誠實，而且是盡職盡責的公務(wù)人員。

所以上周四科米有關(guān)特朗普（以及其他事件）的證詞還是相當可信的。沒人會質(zhì)疑他說謊。他都指出哪些事實呢？

? 從一開始科米就不信任特朗普和他身邊的人，所以談話都同時記錄下來，就怕之后特朗普和團隊事后不認賬。

? 科米表示，特朗普聲稱FBI秩序混亂，而且FBI探員已經(jīng)不信任科米，這是公然對美國人民說謊。（本條以及其他引語和談話文本都是本人整理）

? 一次單獨與特朗普會見時，特朗普要求科米宣誓個人效忠。科米表示反對。（科米在證言中表示，后來特朗普聲稱科米請求這次會面，目的是保住工作，又是個謊言。是特朗普要求見面的，而且之前特朗普已經(jīng)告訴科米希望他留任FBI局長。）

? 因新聞報道稱國家安全顧問邁克爾?弗林在總統(tǒng)就職前曾與俄羅斯大使溝通，后來又對此事撒謊因而遭解雇。第二天特朗普讓所有人離開總統(tǒng)辦公室，單獨跟科米談話，希望FBI停止調(diào)查弗林。

? 在當時的環(huán)境下，科米認為這是總統(tǒng)下達的“命令”。

? 當然了，科米并未停止調(diào)查，更高層的調(diào)查也繼續(xù)進行。

? 后來特朗普給科米打了兩次電話，抱怨跟俄羅斯有關(guān)的調(diào)查導(dǎo)致他的總統(tǒng)生涯和個人都“蒙上陰影”，要求科米公開澄清特朗普個人并未接受調(diào)查，以“驅(qū)散陰影”。

? 但與俄羅斯相關(guān)的調(diào)查，也就是特朗普口中的陰影仍在繼續(xù)。所以特朗普解雇了科米。為什么？確實有人問到。科米（我整理了他的講話）：“我相信總統(tǒng)說的，我被解雇是因為俄羅斯相關(guān)調(diào)查。”

? 總統(tǒng)的行為令科米一再感覺“吃驚”、“不安”、“擔心”并且“震驚”。

總統(tǒng)的行為實在太多出格之處，令人很不安，讓人一時之間都不知從哪說起。

聽說特朗普經(jīng)常撒謊倒是不一定吃驚。但如果一位非常可信的公眾人物板上釘釘?shù)卮_證總統(tǒng)經(jīng)常撒謊，這事還是挺大的。而且這些不是普通人的小謊，也不是關(guān)于私人事務(wù)或是犯個小錯。這可是身為總統(tǒng)在公眾事務(wù)上撒謊。

國會之所以決定FBI局長任期只有十年，就是因為上世紀70年代水門事件后，國會認為有必要避免白宮干涉或指揮FBI的事務(wù)。不管是國會還是美國人民都堅定認為聯(lián)邦法律的執(zhí)行應(yīng)排除政治因素保持獨立。特朗普非常蔑視這項規(guī)定，簡直無法無天。

特朗普聲稱科米為其辯護并不正確。科米確實說過特朗普“本人”沒有接受FBI調(diào)查，而且科米跟特朗普交流過這點。但科米證詞中也提到特朗普的行為進入FBI調(diào)查“范圍”。此外，我們從科米和其他來源才得知，特朗普的競選活動、前競選負責人、其他競選團隊成員、特朗普的生意，競選活動和政府中其他跟特朗普相關(guān)人士——包括特朗普的女婿和前國家安全顧問都在接受FBI和聯(lián)邦檢察官調(diào)查。

就特朗普的行為是否構(gòu)成妨礙司法公正，科米并未置評。他將這一問題留給最近就任特別顧問負責調(diào)查特朗普與俄羅斯關(guān)系的羅伯特?穆勒。不管最后穆勒會不會提起控告，至少現(xiàn)在大家都知道法律上會支持。

但我們也要記住別只盯著犯罪與否。當然了，如果特朗普真的妨礙司法公正還是很嚴重的。但同樣重要的是他有沒有濫用總統(tǒng)權(quán)力，有沒有違反法治精神，是否存在不道德的行為，哪怕沒犯罪也不能一帶而過。

正如時事評論員大衛(wèi)?弗拉姆和其他人說到的，現(xiàn)在輿論比較傾向刑事訴訟。不管特朗普競選跟俄羅斯情報部門是否存在秘密“勾結(jié)”，也不管那些私下交易（如果真的存在）是否觸犯法律，公開信息就已經(jīng)足以定罪。特朗普和競選團隊跟俄羅斯黑客事件很明顯有公開聯(lián)系。“我熱愛維基解密，”特朗普競選期間經(jīng)常這么說。“俄國人，如果你們在聽的話，”他曾說，希望你們黑掉希拉里的電子郵箱。特朗普和團隊代理總是討論泄密的資料。現(xiàn)在特朗普又為了阻撓調(diào)查自己與俄羅斯的關(guān)系解雇了FBI局長。

美國情報界一致認為俄羅斯是黑客事件背后主使，身為總統(tǒng)的特朗普卻一直表示質(zhì)疑。科米的證詞強調(diào)俄羅斯對美國大選的攻擊是“很重要的事”。他表示，“他們（俄羅斯人）又盯上美國了”，又來攻擊民主國家了。有幾位參議院問科米，能否看出特朗普對俄羅斯的不端行為或造成的威脅是否關(guān)心或擔心。科米的回答非常長，但總結(jié)起來就兩個字：沒有。特朗普令人不安的地方很多，但今天這條可能是最讓人不寒而栗的。（財富中文網(wǎng)）

本文作者安德魯?肯特是福德漢姆大學(xué)法學(xué)院教授。

譯者：Pessy

審稿：夏林

There have been many bad news days already for the still-young Trump Administration. Thursday was yet another terrible one. Former FBI Director James Comey's testimony before the U.S. Senate Select Committee on Intelligence was devastating. Whether or not his remarks revealed crimes by the President—more on that below—it revealed a President who freely lies about matters of great public import, and who either thoroughly misunderstands or knowingly violated deeply important norms that keep federal law enforcement free from political interference.

Comey, of course, was fired by President Trump from his post in May. The White House initially claimed the firing was due to Comey's controversial handling last summer and fall of the criminal investigation into Hillary Clinton's private email server. But President Trump soon admitted publicly that he had in fact fired Comey due to his dissatisfaction with the FBI's investigation into Russia's interference with the presidential election and possible collusion between the Trump campaign and Russia.

Comey, it should be noted, is a life-long Republican. He reportedly donated to the John McCain and Mitt Romney presidential campaigns in 2008 and 2012, respectively. He held a senior position in the George W. Bush administration. As FBI director, Comey decided to drop his Republican party registration, apparently due to the need for the director to be perceived as apolitical. Comey has been criticized by both left and right for his handling of the Clinton email matter during the 2016 presidential campaign. But everybody agrees that Comey is a straight shooter—as honest as they come—and a devoutly committed public servant.

So Comey's testimony on Thursday about Trump (and other matters) is highly credible. No one argues that he is misreporting the facts. What are those facts?

? From the beginning, Comey did not trust Trump and the people around him and so took contemporaneous notes of conversations because he feared that Trump or his team might later lie about what occurred.

? Comey stated that Trump had told "lies" to the American people when he claimed the FBI was in disarray and that FBI agents had lost confidence in Comey. (This and all other quotations and transcriptions are mine.)

? During a one-on-one dinner meeting requested by Trump, the President demanded that Comey pledge personal loyalty to him. Comey demurred. (Comey also testified that Trump's later claim that Comey asked for this meeting in order to request that he keep his job was another lie. Trump asked for the meeting, and the President had previously told Comey that he wanted him to remain as FBI Director.)

? The day after National Security Adviser Michael Flynn was fired, as a result of news reports that Flynn had lied about his pre-inauguration communications with the Russian ambassador, Trump cleared everyone out of an Oval Office meeting so he could tell Comey alone that he hoped the FBI would drop its investigation of Flynn.

? In the context, Comey perceived this as an "order" from the President.

? Comey, of course, did not drop the investigation of Flynn, or the larger investigation.

? Trump later called Comey twice to complain about "the cloud" the Russia investigation was casting over the presidency and him personally, and asked Comey to make public statements that Trump was not personally being investigated into order to "lift the cloud."

? The Russia investigation—the cloud—continued. Trump then fired Comey. Why?, he was asked. Comey (my transcription): "I take the President at his word that I was fired because of the Russia investigation."

? Comey was repeatedly "stunned, "troubled," "concern[ed]" and "shocked" by the President's behavior.

There are so many extraordinary and disturbing things about the President's conduct that it is hard to know where to start.

It may not come as a surprise anymore to hear it said that Trump frequently lies. But it should matter that such behavior was confirmed today, beyond any reasonable doubt, by one of the most credible people in public life. And these were not lies as a private citizen, or about private business or personal peccadilloes. These were lies as told in his role as President about matters of public importance.

Congress gave the FBI Director a 10-year term in office because, in the wake of the Watergate scandal in the 1970s, it wanted to protect the FBI from interference or instruction by the White House. Congress and the American people overwhelmingly agreed that federal law enforcement needed to be apolitical and independent. Trump has flouted that norm in an extraordinarily damaging fashion.

The President's claim that Comey has vindicated him is incorrect. Comey did say that Trump "personally" was not the subject or target of an FBI investigation, and that Comey had communicated this to the President. But Comey also testified that Trump’s conduct fell within “the scope of” the FBI investigation. More than that, we know from Comey and other sources that Trump's presidential campaign, his former campaign manager, other campaign staff, Trump businesses, and other Trump associates on the campaign and in government, including Trump's son-in-law and his former national security adviser, are being investigated by the FBI and federal prosecutors.

Comey would not comment on whether Trump's actions constituted the crime of obstruction of justice. He left that call to Robert Mueller, the recently-appointed special counsel overseeing the Trump-Russia investigation. Whether or not Mueller might ever bring such a charge, enough is now known to say that the charge would be legally supported.

But we must remember not to focus too narrowly on whether crimes were committed. Of course it matters whether the President committed the crime of obstruction of justice. But it also matters whether he abused the power of his office, defied norms protecting the rule of law, or behaved unethically, even if those actions do not constitute crimes.

The language of criminal law is coming to dominate the discussion to an unfortunate degree, as political commentator David Frum and others have noted. Whether or not there was secret "collusion" between the Trump campaign and elements of the Russian intelligence services, and whether or not those secret dealings—if they occurred—constituted crimes, much damning information is already public. There was clearly a kind of public collusion by Trump and his campaign with the Russian hacking. "I love Wikileaks," Trump liked to say on the campaign trail. “Russia, if you’re listening," he said, I hope you hack Hillary Clinton's emails. He and his campaign surrogates talked incessantly about the leaked materials. And Trump fired his FBI Director to try to stymie an investigation into Trump-Russia connections.

In the face of the unanimous opinion of the U.S. intelligence community that Russia was behind the hacking, Trump as President has continued to cast doubt on that. Comey's testimony emphasized that Russia's attack on the U.S. election was a really "big deal." And "they are coming after America" and its democracy again, he said. Comey was asked by several senators whether Trump seemed to be interested or concerned about Russia's misconduct or the threat Russia posed. Comey gave long answers that can be summarized with one word: no. Although the list is long, that may have been the most troubling thing America learned today about its President.

Andrew Kent is a professor of law at Fordham University School of Law in New York City.