Donald Trump told White House lawyers last spring that he wanted Hillary Clinton and former FBI Director James Comey prosecuted, according to the report.
The proposal alarmed White House counsel, who prepared a memo warning that the move could carry serious consequences, including possible impeachment, The New York Times reported.
Then-counsel Don McGahn told Trump he had no authority to order a prosecution. He also had White House lawyers draft arguments against the idea, The Associated Press confirmed through a person familiar with the matter who was not authorized to speak publicly.
McGahn’s view was that Trump could ask for a probe, but even that could be portrayed as abuse of power, the report said.
Presidents generally avoid any appearance of pressuring the Justice Department on investigations, especially where political opponents are involved.
The report said Trump has continued to discuss the issue privately, including the possibility of appointing a new special counsel to examine both Clinton and Comey. That account was based on two people who had spoken with him about the matter.
Trump has also publicly urged the Justice Department to investigate Clinton. He has criticized former Attorney General Jeff Sessions for not moving aggressively enough against her, and his former lawyer John Dowd urged Deputy Attorney General Rod Rosenstein in a memo last year to investigate Comey and his handling of the Clinton email inquiry.
Sessions last year said he was directing senior federal prosecutors to examine matters raised by House Republicans involving the Clinton Foundation and a uranium mine transaction that benefited the foundation and was approved while Clinton was secretary of state. The FBI has been investigating that matter. In March, Sessions told lawmakers he was not prepared to appoint a special counsel to investigate the FBI and possible political bias there.
The White House did not immediately respond to the report. McGahn’s lawyer, William Burck, also did not respond to a request for comment.
