• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

Mark Cuban says he has the solution to growing income inequality, and it's to reward every employee—from CEO to janitor—with company stock

2

‘I want to die broke’: Billionaire philanthropist Denny Sanford dies after giving away $4 billion

3

OpenAI says its AI models secretly broke out of a secure test environment and hacked into AI company Hugging Face in order to cheat on an evaluation

1

Mark Cuban says he has the solution to growing income inequality, and it's to reward every employee—from CEO to janitor—with company stock

2

‘I want to die broke’: Billionaire philanthropist Denny Sanford dies after giving away $4 billion

3

OpenAI says its AI models secretly broke out of a secure test environment and hacked into AI company Hugging Face in order to cheat on an evaluation
TechJames Comey

Was It Legal? What Scholars Are Saying About the James Comey Firing

Jeff John Roberts
By
Jeff John Roberts
Jeff John Roberts
Editor, Finance and Crypto
Down Arrow Button Icon
Jeff John Roberts
By
Jeff John Roberts
Jeff John Roberts
Editor, Finance and Crypto
Down Arrow Button Icon
May 10, 2017, 10:19 AM ET
Add Fortune on Google for similar content.

Everyone is still reeling from President Trump’s abrupt decision to fire FBI director James Comey on Tuesday night. The reactions include Sen. Chuck Schumer calling for a special prosecutor, and many in the media likening the incident to an infamous political “massacre” that preceded the fall of the Nixon presidency.

But the significance of Trump’s decision turns on large part on whether Comey’s firing was legal. The optics of ousting the FBI Director amid a probe of Russia’s ties are terrible—as the Wall Street Journal acknowledged in an editorial supporting the decision. But that doesn’t mean Trump didn’t have the authority to do it.

To get a sense of how serious the Comey firing really is, Fortune surveyed the reaction of influential legal scholars who have the expertise to assess Trump’s action. Here’s what they’re saying:

‘A Profoundly Dangerous Thing’

In a widely-circulated blog post titled “The Nightmare Scenario: Trump Fires.. the One Man Who Would Stand Up to Him,” Benjamin Wittes and Susan Hennessey of Lawfare say Trump had the legal authority to fire Comey. But they call the decision “profoundly dangerous” and explain it amounts to an unprecedented disregard for the norms and traditions of the Justice Department and the FBI.

There is no question that the President has the legal authority to remove the FBI director. But there’s also no question that removing the FBI Director in the midst of a high-stakes investigation of Russian influence in the inner circle of the President’s campaign and White House is a horrifying breach of every expectation we have of the relationship between the White House and federal law enforcement.

The post also looks at the memo in which the Justice Department makes the case for dismissing Comey. The scholars agree some of Comey’s actions might merit criticism, including the political nature of his press conferences. But they also say the memo reads like a “bad op-ed” and that “Trump’s clumsy attempt to deny that his own conduct is at issue in the FBI’s inquiry is foolish.”

‘Trump’s Actions Were Entirely Constitutional’

Josh Blackman, a conservative and noted constitutional law professor at the South Texas College of Law, explains on his blog that there is no question Trump had the authority to fire Comey. He notes that, under the Constitution, the President has absolute power to fire “principal officers” like the FBI Director, and notes the firing was accompanied by “fairly elaborate reasons” from the Deputy Attorney General.

Blackman also addresses the issue of whether Trump has plunged the country into a constitutional crisis:

As for whether there is a crisis, we must keep in mind that Comey’s replacement must be approved and confirmed by the Senate. Both Republicans and Democrats will have a say in who heads the agency going forward. At bottom, this is a political question, which ultimately the electorate can decide.

He also suggests the comparisons to Nixon’s “Saturday Night Massacre” are not apt because the circumstances are different and because what Nixon did was obviously illegal.

‘We Need a Special Prosecutor—Badly’

On the popular legal blog called the Volokh Conspiracy, law professor David Post expresses bafflement about the Trump Administration’s reasons for firing Comey at this moment in time. Post notes the abrupt shifts in Trump’s regard for Comey (the President was hailing his performance just weeks ago) and says he would have supported Trump’s decision to fire Comey—if he had made the decision in January. Now, he says, everything looks suspicious:

We need a special prosecutor–badly. Trump and his associates may not be hiding anything about their links to Russian intelligence–but man, they’re sure doing a good impression of people who have a great deal to hide.

Post adds that the Justice Department’s stated reasons for firing Comey sound like a pretext, and that they do not sound the real reasons for why he was fired.

‘Trump Has Crossed the Line’

Harvard law professor Laurence Tribe is an outspoken liberal and critic of Trump, so it’s not surprising he opposes the President’s decision to fire Comey. But Tribe is also a noted constitutional scholar, so his words carry weight.

On Twitter, Tribe argued it’s time for the House of Representatives to commence impeachment proceedings. Here are some of his notable tweets:

Today's monumental question: Will Congress stand by impotently while men too small for the power they wield dismantle our Constitution?

— Laurence Tribe 🇺🇦 ⚖️ (@tribelaw) May 10, 2017

It's now up to Congress to save the Constitution by initiating impeachment proceedings. Trump can't say "You're fired" to the House of Reps.

— Laurence Tribe 🇺🇦 ⚖️ (@tribelaw) May 10, 2017

This fox is emptying the henhouse. Trump has crossed the line. He is covering up high crimes and misdemeanors. https://t.co/zF3EMJDXbE

— Laurence Tribe 🇺🇦 ⚖️ (@tribelaw) May 10, 2017

The Bottom Line

The emerging consensus among legal scholars is that President Trump had the legal authority to fire Comey. But in doing so, he’s set about the biggest political crisis of his young presidency and, for now, it’s too soon to say if this crisis will pass.

About the Author
Jeff John Roberts
By Jeff John RobertsEditor, Finance and Crypto
LinkedIn iconTwitter icon

Jeff John Roberts is the Finance and Crypto editor at Fortune, overseeing coverage of the blockchain and how technology is changing finance.

See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in Tech

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • TikTok icon
  • YouTube icon

Latest in Tech

Sam Altman and Jony Ive formed a dream team to reinvent hardware. Now it’s at the center of a battle for OpenAI’s future
Big TechOpenAI
Sam Altman and Jony Ive formed a dream team to reinvent hardware. Now it’s at the center of a battle for OpenAI’s future
By Emily Forlini and Sebastian HerreraJuly 22, 2026
2 minutes ago
After SpaceX’s $2 trillion debut, investors are eyeing Anthropic and OpenAI. Market experts share how to play the next trillion-dollar IPO
MagazineIPOs
After SpaceX’s $2 trillion debut, investors are eyeing Anthropic and OpenAI. Market experts share how to play the next trillion-dollar IPO
By Amanda GerutJuly 22, 2026
3 minutes ago
Panera founder and Cava chairman Ron Shaich bets $100 million on Level99, bringing his restaurant industry playbook to entertainment
C-SuiteFood and drink
Panera founder and Cava chairman Ron Shaich bets $100 million on Level99, bringing his restaurant industry playbook to entertainment
By Catherina GioinoJuly 22, 2026
3 minutes ago
t
AIMarkets
Billionaire Mike Bloomberg warns Trump’s AI ownership plan would make ‘George Orwell blush’
By Eva RoytburgJuly 21, 2026
9 hours ago
U.N. reports Southeast Asia’s criminal networks are using tech to build a global illicit economy
AsiaTech
U.N. reports Southeast Asia’s criminal networks are using tech to build a global illicit economy
By The Associated PressJuly 21, 2026
10 hours ago
Anthropic to pay authors $1.5 billion over pirated books used to train Claude in first major AI copyright settlement
LawAnthropic
Anthropic to pay authors $1.5 billion over pirated books used to train Claude in first major AI copyright settlement
By The Associated PressJuly 21, 2026
10 hours ago

Most Popular

Mark Cuban says he has the solution to growing income inequality, and it's to reward every employee—from CEO to janitor—with company stock
Success
Mark Cuban says he has the solution to growing income inequality, and it's to reward every employee—from CEO to janitor—with company stock
By Sasha RogelbergJuly 20, 2026
2 days ago
‘I want to die broke’: Billionaire philanthropist Denny Sanford dies after giving away $4 billion
Success
‘I want to die broke’: Billionaire philanthropist Denny Sanford dies after giving away $4 billion
By Sydney LakeJuly 20, 2026
2 days ago
OpenAI says its AI models secretly broke out of a secure test environment and hacked into AI company Hugging Face in order to cheat on an evaluation
Cybersecurity
OpenAI says its AI models secretly broke out of a secure test environment and hacked into AI company Hugging Face in order to cheat on an evaluation
By Jeremy Kahn and Emily ForliniJuly 21, 2026
11 hours ago
Mathematicians grapple with a ‘very rapid and very unsettling change’ as AI cracks yet another century-old problem
AI
Mathematicians grapple with a ‘very rapid and very unsettling change’ as AI cracks yet another century-old problem
By Eva RoytburgJuly 21, 2026
15 hours ago
Despite a $156 million contract, Knicks star Jalen Brunson still calls his parents for financial advice any time he makes a big purchase
Success
Despite a $156 million contract, Knicks star Jalen Brunson still calls his parents for financial advice any time he makes a big purchase
By Emma BurleighJuly 21, 2026
16 hours ago
'Dr. Doom' Nouriel Roubini says we're headed for universal basic income or 'some form of socialism' as AI revolutionizes work—He calls that optimistic
AI
'Dr. Doom' Nouriel Roubini says we're headed for universal basic income or 'some form of socialism' as AI revolutionizes work—He calls that optimistic
By Jason MaJuly 18, 2026
3 days ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.