San Francisco Chronicle

‘Defamed’: Remarks about him, agency false, ex-FBI chief says

- By Carolyn Lochhead

WASHINGTON — The first words out of fired FBI Director James Comey’s mouth Thursday were an accusation aimed directly at President Trump: The White House had “defamed” him and had lied, “plain and simple,” when it said he had left his agency in disarray.

By the time he concluded his public testimony before the Senate Intelligen­ce Committee on Russian interferen­ce in November’s election, Comey had said he compiled memos of his dealings with Trump because he feared that the

president “would lie”; that he had leaked those memos after his firing last month to hasten the appointmen­t of a special counsel in the Russia investigat­ion; and that he hoped Trump had indeed taped their conversati­ons.

Comey’s testimony lived up to its billing as a historic moment in American politics — never before has a former director of the FBI publicly portrayed a president as someone who couldn’t be relied upon to tell the truth.

Trump remained silent on Comey during and after the testimony. But his personal attorney struck back, issuing a statement saying Comey had admitted he was among “those in government who are actively attempting to undermine this administra­tion with selective and illegal leaks of classified informatio­n and privileged communicat­ions.”

White House spokeswoma­n Sarah Huckabee Sanders, asked afterward to defend Trump’s honesty, responded, “I can definitive­ly say the president is not a liar.”

Comey stopped short — but only barely — of accusing Trump of committing a crime by what he described as a lobbying effort to go light on former national security adviser Michael Flynn in the FBI’s Russia investigat­ion. Flynn was forced out of his job in February for lying to Vice President Mike Pence and others about his contacts with Russian officials during the presidenti­al transition.

“I don’t think it’s for me to say whether the conversati­on I had with the president was an effort to obstruct,” Comey said of one exchange. “I took it as a very disturbing thing, very concerning.”

It’s up to special counsel Robert Mueller, his former close colleague who is leading a parallel Justice Department investigat­ion into Russia, to decide whether Trump or others in the administra­tion obstructed the probe, Comey said. He said he believed Trump had fired him as a way to close down the Russia investigat­ion, and called that “a very big deal.”

Under questionin­g by California Democratic Sen. Dianne Feinstein, a former chair of the Intelligen­ce Committee, Comey said the FBI’s senior leadership team was as “shocked and troubled by it as I was” after Trump asked him to back off the Flynn investigat­ion. Despite that, Comey admitted, he didn’t take his concerns to the Justice Department — Attorney General Jeff Sessions was on the verge of recusing himself from the probe for his own contacts with Russian officials, and no other senior officials had won Senate confirmati­on, Comey said.

Feinstein asked why Comey, a “big” and “strong” man, would be so intimidate­d by Trump that he would not stop the president and tell him, “This is wrong.”

Comey replied, “It‘s a great question. Maybe if I were stronger, I would have. I was so stunned by the conversati­on that I just took (it) in.”

Referring to a May 12 tweet by Trump — “James Comey better hope that there are no ‘tapes’ of our conversati­ons before he starts leaking to the press!” — Comey said, “Look, I’ve seen the tweet about tapes. Lordy, I hope there are tapes.”

Sen. Kamala Harris, DCalif., sought to poke a hole in GOP arguments that Trump only “hoped” Comey would back off the Flynn investigat­ion, rather than ordered him to. Comey has said Trump’s exact words to him were, “I hope you can see your way clear to letting this go, to letting Flynn go.”

“In my experience of prosecutin­g cases, when a robber held a gun to somebody’s head and said, ‘I hope you will give me your wallet,’ the word ‘hope’ was not the operative word at that moment,” said Harris, a former San Francisco district attorney.

Dealing with Trump was unlike working under two other presidents, George W. Bush and Barack Obama, Comey said. He never felt the need to document his meetings with them, he said, but reached a different conclusion with Trump after the first of their nine conversati­ons, during the transition.

“I was honestly concerned he might lie about the nature of our meeting, so I thought it important to document,” Comey said. “I knew there might come a day when I would need a record of what had happened, not just to defend myself, but to defend the FBI and our integrity as an institutio­n and the independen­ce of our investigat­ive function. That’s what made this so difficult . ... It was a combinatio­n of circumstan­ces, subject matter and the particular person.”

Those conversati­ons included one in which the president had asked for his “loyalty” and a meeting at the White House where Trump ordered everyone out of the room before asking Comey to go light on Flynn, the former director said.

Comey said he deliberate­ly left the memo of that meeting unclassifi­ed, so it could be more readily accessible to government officials. After his firing, when Trump issued his “tapes” tweet, Comey said he woke up at midnight and realized there could be evidence of that talk.

He said his side of the story “had to get out,” so he asked a friend of his, a professor at Columbia Law School, to share his notes with the press, in the hope it would prompt the appointmen­t of a special counsel.

Trump’s private attorney, Marc Kasowitz, seized on that when he issued his statement rebutting Comey’s testimony. He accused Comey of being “one of these leakers” of classified informatio­n inside the government and — while denying that Trump had demanded Comey’s loyalty — said that “the office of the president is entitled to expect loyalty from those who are serving in an administra­tion.”

Nick Akerman, a former Watergate prosecutor and U.S. attorney now at the law firm Dorsey and Whitney, said Kasowitz’s assertion that Comey had leaked potentiall­y privileged informatio­n was “total nonsense.”

“There was no executive privilege for these conversati­ons,” Akerman said. “A conversati­on in furtheranc­e of a criminal scheme to obstruct justice is not covered by executive privilege. End of story.”

Kasowitz also said Comey had conceded that there was “no evidence that a single vote changed (in the November election) as result of Russian interferen­ce.” Comey said there was no evidence of direct ballot tampering. But he confirmed “a massive effort to target government and nongovernm­ental, near-government­al agencies” to affect the election.

“There should be no fuzz on this,” Comey said. “The Russians interfered. That happened. It’s about as unfake as you can possibly get,” a reference to Trump’s repeated assertions that the Russian investigat­ion is “fake news.”

Rep. Adam Schiff of Burbank, the ranking Democrat on the House Intelligen­ce Committee, which is conducting a separate Russia investigat­ion, called Comey’s testimony “pretty breathtaki­ng,” and said the next steps for his committee are to corroborat­e Comey’s testimony with other witnesses.

Schiff said getting to the bottom of what Russia did last year ultimately is the point of the investigat­ions.

“We know the Russians are going to interfere again,” he said. “We need to be able to prepare ourselves, defend ourselves, and really inoculate ourselves against that kind of interventi­on.”

 ?? Olivier Douliery / Abaca Press ?? Former FBI Director James Comey testifies during a Senate Select Committee on Intelligen­ce hearing into Russian interferen­ce in the November elections.
Olivier Douliery / Abaca Press Former FBI Director James Comey testifies during a Senate Select Committee on Intelligen­ce hearing into Russian interferen­ce in the November elections.
 ?? Andrew Harrer / Bloomberg ?? Sen. Dianne Feinstein asked Comey why he didn’t confront President Trump and tell him, “This is wrong.”
Andrew Harrer / Bloomberg Sen. Dianne Feinstein asked Comey why he didn’t confront President Trump and tell him, “This is wrong.”

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