Professor William C. Banks Speaks to National Media After the Firing of FBI Director James Comey

Posted on Thursday 5/11/2017

In the wake of the firing of FBI Director James Comey on May 9, 2017—at a time when this agency and others are probing the influence of Russian intelligence in the 2016 presidential election— Board of Advisors Distinguished Professor and Institute for National Security and Counterterrorism Director William C. Banks’ knowledge of constitutional and national security law was in high demand by the media …

Why a thorough investigation of Russian election meddling is still possible (Christian Science Monitor | May 10, 2017)

… In the current charged political environment, a national commission might be the only path to a new approach acceptable to both parties.

“Trump couldn’t stand in the way of that” if Congress moves in that direction, says William Banks of Syracuse University.

The problem here is that congressional investigations already exist. The probe overseen by the House Select Committee on Intelligence is currently a tangled mess, given the move by chairman Rep. Devin Nunes (R) of California to secretly visit the White House to view documents he said might help prove Trump’s accusation that he was wiretapped by President Obama during the campaign …

President Trump and Russia: How would a special prosecutor get appointed? (USA Today | May 10, 2017)

… During his confirmation hearings for the No. 2 post at the Department of Justice, Rosenstein refused to commit to Democrats’ calls for a special prosecutor to oversee the inquiry.

Syracuse University law professor William Banks said it’s unrealistic to expect action from Rosenstein. “Even if the deputy wanted to do this, he would be shot down by the White House, I imagine,” Banks said …

James Comey’s Firing Has People Calling for an Independent Prosecutor. What’s That? (Time | May 10, 2017)

… A commission, a committee, and a special prosecutor would all be charged with investigating Russia’s meddling in the 2016 election, or specifically, possible collusion between Trump campaign associates and Russia. But only a special prosecutor has the power to actually take legal action; a committee or a commission would only gather the facts and present the findings to the Department of Justice.

“No one’s going to jail as a result of what the commission does but they could with a prosecutor,” explained William C. Banks, a law professor and Director of the Institute for National Security and Counterterrorism at Syracuse University. “Congress has the power to investigate but power to prosecute is in the Executive Branch” …

Here's how a special prosecutor investigating Trump and Russia would get appointed (Business Insider - May 9, 2017)

In the article, Banks clarifies the difference between a special prosecutor and special counsel.