But Mukasey, who served under Republican President George W. Bush, then went on to make a series of comments that were severely disapproving of Trump’s reported conduct.
First, Mukasey said he was not sure Trump understood the implications of what he was doing.
“As the story is told … it’s kind of informal: ‘Hey, would you cut this guy some slack? He’s a nice guy.’ And that kind of conversation about an ongoing proceeding, conducted in a manner that is extraordinarily informal … suggests complete unconsciousness of what it is that’s actually happening,” Mukasey said.
He continued: “That conversation might be appropriate to a minor disciplinary matter at a big corporation. It’s not appropriate to a criminal investigation. The inability to distinguish the one from the other, I think, is extraordinary.”
The implication in Mukasey’s comments seemed to be that President Trump does not understand the job he now holds. It’s a concern that was echoed by Bob Bauer, a former White House counsel to President Obama.
“The missing piece here, alarmingly, is a conception of the presidency. He seems to be imagining that he is running one of his companies,” Bauer wrote Wednesday. “Where [former President Richard] Nixon put the government at risk with a misbegotten political morality, Trump is failing, badly, because he is vainly running on a certain marketplace morality, compatible with his temperament, that once won him money and attention.”
One observer in the room at the Federalist Society meeting said he was surprised by the strength of Mukasey’s condemnation. And sources with expertise in the matter of presidential power said that Mukasey’s comment about the president’s legal authority to end an investigation is true as a technical matter but does not obviate the issue of obstruction of justice.
A president can intervene in a situation where he or she believes there has been bad judgment on the part of prosecutors, legal experts said. But when a president’s personal interests or behavior are in question, and he involves himself, it raises the issue of obstruction.