Statement Analysis: FBI Director James Comey
GRASSLEY: And thank you for your opening statement. I'm going to start out probably with a couple subjects you wish I didn't bring up, and then a third one that I think everybody needs to hear your opinion on on a policy issue. It is frustrating when the FBI refuses to answer this committee's questions, but leaks relevant information to the media. In other words, they don't talk to us, but somebody talks to the media.
Director Comey, have you ever been an anonymous source in news reports about matters relating to the Trump investigation or the Clinton investigation?
COMEY: Never.
Analysis:
You cannot substitute the word "never" for the word "no." In this statement the word "never" is acceptable because Comey was asked if he had "ever." Answering "never" is still being a little deceptive, a better answer should have stated no, I didn't release any information relating to Trump and I didn't release any information on the Hillary Clinton investigation. The problem is Grassley asks a compound question. We do not know what part of the question Comey answered "never" to. Trump investigation or the Clinton investigation?
GRASSLEY: Question two, relatively related, have you ever authorized someone else at the FBI to be an anonymous source in news reports about the Trump investigation or the Clinton investigation?
COMEY: No.
Analysis:
Comey: Answers in a direct way, no. The problem is Grassley asks a compound question again. We do not know what part of the question Comey answered "no" to. Trump investigation or the Clinton investigation?
GRASSLEY: Has any classified information relating to President Trump or his association- associates been declassified and shared with the media?
COMEY: Not to my knowledge.
Analysis:
In this statement, I have a problem. First Comey did not answer this question with a direct "no." When asked if any classified information "relating to President Trump or his associates" had been declassified and shared with journalists, Comey said, "Not to my knowledge." The problem is Grassley asks Comey a compound question again. Never ask a compound question because you do not know what part of the question the person is answering to. In this case President Trump or his associates. Grassley asked "shared with journalists" this also gave Comey some wiggle room, as we see in his testimony yesterday. His friend is not a journalist. So Comey did not lie to Grassley on May 3rd if it should come out that he did share or leak information. His friend is a college professor not a journalist.
"Not to my knowledge" is an equivocal way of not answering the question. He did not state "no I didn't nor did anyone else in the FBI." He can only state what he knows based on his knowledge. This answer could also give Comey a little wiggle room in future testimonies if information was leaked he can state he did not know about it. If others did leak anything and never told Comey even if he knew the source of the leaks, since he was never told he will not offer up that information. Don't ask don't tell. This way if he is ever asked again under oath I don't have to purger myself. This is one of the reasons he answered Sen. Collins the way he did in his testimony yesterday. I found that answer very curious, "Didn't do it myself for a variety of reasons." Mr. Comey did not state what those reasons were. Also Mr. Comey did leak the information to a journalist. His friend handed it over for Comey at his request. He did not give it directly by his hand makes no difference. I will explain what those reasons were, if it is discovered that any information was leaked by Comey before his May 3rd testimony he will be brought up on perjury charges. Comey can argue that he did not commit perjury because his friend is not a journalist he will still find himself in serious trouble. Trump is not stupid, he wants an investigation into all the leaks starting from March, who received them and who leaked them.
GRASSLEY: You testified before the House Intelligence Committee that a lot of classified matters have ended up in the media recently. Without getting into any particular article I want to emphasize that, without getting into any particular article is there an investigation of any leaks of classified information relating to Mr. Trump or his associates?
COMEY: I don't want to - I don't want to answer that question, senator, for reasons I think you know. There have been a variety of leaks well, leaks are always a problem, but especially in the last three to six months.
And where there is a leak of classified information, the FBI if it's our information makes a referral to the Department of Justice. Or if it's another agency's information, they do the same. And then DOJ authorizes the opening of an investigation. I don't want to confirm in an open setting whether there are any investigations open.
Analysis:
Comey: States twice I don't to-I don't want to answer that question, senator, for reasons I think you know. Comey did not state I "can't" answer that question senator because of an ongoing investigation. He goes on to say "for reasons I think you know" I do not know anything unless you tell me. Comey uses the word "think" which tells me he is trying to box the senator into a corner by making him look foolish for asking the question that the senator should know not to ask. The problem Comey never stated there was an investigation into the leaks. A better statement should have said. For reasons we talked about in closed session. Comey is getting boxed in a corner and starts talking in circles about what investigations are open or not open. Grassley knows Comey is trying to two step him and asks the question again in a more aggressive fashion,
GRASSLEY: You I want to challenge you on that because the government regularly acknowledges when it's investigating classified leaks. You did that in the Valerie Plame case. What's the difference here?
COMEY: Well, the most important difference is I don't have authorization from the department to confirm any of the investigations they've authorized. And it may be that we can get that at some point, but I'm not going to do it sitting here in an open setting without having talked to them.
Analysis:
Comey starts off with a stall word "Well" this gives him time to think about his answer. He states now that he does not have authorization from the department to confirm any of the investigations they've authorized. He stated before he does not want to confirm whether there are any investigations open. So he is now using the DOJ and investigations they have authorized to side step answering Grassley's question. Now Comey wants to use the authorization card on investigations that may not exist.
GRASSLEY: And I can you can expect me to follow up on that offer.
COMEY: Sure.
My thoughts:
Comey was the director of the FBI at that time, he knows if the FBI requested an investigation into the leaks or not. The problem for Comey is I believe he never requested or wanted an investigation because that investigation would have lead right back to him.
June 8th testimony
COLLINS: Finally, did you show copies of your memos to anyone outside of the department of justice?
COMEY: Yes.
COLLINS: And to whom did you show copies?
COMEY: I asked the president tweeted on Friday after I got fired that I better hope there's not tapes. I woke up in the middle of the night on Monday night because it didn't dawn on me originally, that there might be corroboration for our conversation. There might a tape. My judgment was, I need to get that out into the public square. I asked a friend of mine to share the content of the memo with a reporter. "Didn't do it myself for a variety of reasons." I asked him to because I thought that might prompt the appointment of a special counsel. I asked a close friend to do it.
COLLINS: Was that Mr. Wittes?
COMEY: No.
COLLINS: Who was it?
COMEY: A close friend who is a professor at Columbia law school.
COLLINS: Thank you
