What investigators should be asking after FBI head’s exile
The controversy surrounding President Donald Trump’s firing of FBI Director James Comey is expanding. His decision set in motion a series of events that present the most serious threat to his presidency yet.
For a moment, imagine where we would be had Trump not fired Comey? It doesn’t really matter now. The simple fact is that the White House has lost the ability to control where this story is headed.
The FBI’s investigation of Russian interference into our election continues. Acting FBI Director Andrew McCabe testified last week that its investigation — which began in July — has not been interrupted. He has the resources necessary to conduct it and does not want the investigation taken away from the FBI.
The House and Senate intelligence committees have been conducting their own investigations, which have included public and private hearings, dozens of interviews and many requests for documents. Eventually, those committees will produce reports that will be made public. They appear determined to do so on a bipartisan basis.
The last two weeks have been an unmitigated disaster for the White House, stalling its legislative agenda on Capitol Hill and potentially threatening Trump’s presidency.
Though Republicans want to move their legislative priorities — especially health care and tax reform — the current controversy has threatened their ability to move legislation on these complicated issues.
There have been rapid-fire claims, accusations and insinuations made about what happened. At this time, we need to get the facts. Here are the most important unanswered questions:
What do Comey’s memos tell us? House and Senate oversight committees have requested the Department of Justice produce all memos written by Comey, so they can review them. This would include the memo referenced in reports that claim Trump said to Comey that he “hopes he will wrap up the Michael Flynn investigation soon.”
What will Comey say when he testifies? Once his memos are received, I expect Comey to be called to testify before House and Senate committees in public hearings over the next few weeks. Comey will be asked about his interactions with Trump, concerning at least one private dinner and two phone calls where Trump claims Comey told him that he was not personally being investigated.
Why did Comey not alert his superiors about Trump’s comments to him? Comey prides himself on his independence and transparency. Why did he not notify his superiors at the Justice Department about Trump’s alleged request regarding the Flynn investigation?
Is there a taping system in the West Wing? If there is one, what will those tapes reveal about Trump’s recent Oval Office meeting with the Russian foreign minister — during which sensitive foreign intelligence was reportedly revealed — and regarding any meetings with Comey? Trump may have been bluffing about the tapes — but if he wasn’t, he won’t be able to protect them for long.
Where does the Russia investigation go from here? With the appointment of the universally respected former FBI Director Robert Mueller as special counsel, the Russia investigation now has one independent person overseeing it. It will take time for Mueller to review everything that has been found since last July. This effectively buys the Trump administration some time.
Would Congress try to create a 9/11style commission? Congress would have to pass such a bill — and Trump could veto it. This would delay any conclusion by many months.
Though there is a lot that we do not know right now, there’s certainly reason for concern. For Republicans representing Texas in the House and Senate in Washington, they must decide on their own how they want to respond to this news.
U.S. Sen. John Cornyn was interviewed for FBI director but withdrew last week as the process advanced, believing that he should remain in the Senate. U.S. Sen. Ted Cruz will face a different calculation as he faces re-election in 2018, as all members of Congress will. Democrats are targeting at least three Republican seats in Congress.
At this point, more facts are needed. The answers to these questions will tell us a lot more — and help determine where this story goes from here.