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no_hypocrisy

(46,080 posts)
Thu May 11, 2017, 09:28 PM May 2017

Brother and sister attorneys, help me understand this: (Trump and Comey)

James Comey had a ten-year contract to be the Director of the FBI. That means he wasn't an at will employee. He had more than three years under his belt. Trump fired him because he could. How is that lawful if there's a contract? What did Trump put up to show a breach of contract, which would be the only way to legally let go of Comey before ten years is up? And since there was a ten-year contract, wouldn't Comey be paid for the remaining years in that contract?

And I don't believe there was a provision allowing the contract to be unilaterally terminated by a president. Who would agree to that?

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Brother and sister attorneys, help me understand this: (Trump and Comey) (Original Post) no_hypocrisy May 2017 OP
Not exactly a contract of employment, I think. elleng May 2017 #1
Okay, you make sense. no_hypocrisy May 2017 #2
Even if it was Considered a Contract of Employment Stallion May 2017 #3
Which begs the question, if FBI Director reports to DNI who then reports to POTUS... MedusaX May 2017 #4

elleng

(130,865 posts)
1. Not exactly a contract of employment, I think.
Thu May 11, 2017, 09:30 PM
May 2017

'The Director of the Federal Bureau of Investigation is the head of the FBI, the United States' primary federal law enforcement agency, and is responsible for its day-to-day operations. The FBI Director is appointed for a single 10-year term by the President and confirmed by the Senate.[1][2][3] The FBI is an agency of the Department of Justice.[4] Since the 1920s, the FBI has been supervised by the Department of Justice and the FBI Director has answered to the Attorney General.‬ The Director briefed the President on any issues that arose from within the FBI until the Intelligence Reform and Terrorism Prevention Act of 2004 was enacted following the September 11 attacks. Since then, the Director reports to the Director of National Intelligence, who in turn reports to the President.[5]'>>>

https://en.wikipedia.org/wiki/Director_of_the_Federal_Bureau_of_Investigation

Stallion

(6,474 posts)
3. Even if it was Considered a Contract of Employment
Thu May 11, 2017, 09:35 PM
May 2017

the remedy would only be contractual damages for the remaining term of the contract and in some circumstances exemplary damages-not criminal remedies. Compare to for example multi-year NFL, NBA etc contracts which are broken. Employee would only be entitled to bargained for damages based on the remaining term of the contract

MedusaX

(1,129 posts)
4. Which begs the question, if FBI Director reports to DNI who then reports to POTUS...
Thu May 11, 2017, 09:49 PM
May 2017

Why did 45 utilize DoJ chain of command to establish 'justification'
rather than follow the current structure and go to DNI ?

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