USA TODAY International Edition
Talks open between Comey, special counsel
Mueller not expected to block testimony before Senate panel
WASHINGTON The negotiations over James Comey’s testimony have begun.
The former FBI director who was fired by President Trump started preliminary discussions with special counsel Robert Mueller about his intention to testify before the Senate Intelligence Committee about his communication with the president. The testimony would be part of the panel’s inquiry into possible collusion between the Trump campaign and Russia.
A close associate of Comey who was not authorized to comment publicly said Tuesday that Mueller is not expected to block the former director from appearing before the Senate panel. That appearance would occur only after Comey was fully debriefed for the federal investigation, the source said.
The panel announced that Comey, dismissed this month as he ran the FBI’s Russia investigation, agreed to testify after the Memorial Day holiday. No date was set.
There were questions about whether the four congressional committees running concurrent investigations into Russia’s alleged interference in the 2016 presidential election would be able to secure public testimony and documents from Comey and other witnesses now that Mueller has been appointed.
Mueller, a former FBI director succeeded by Comey in 2013, was appointed to take over the FBI’s wide- ranging Russia inquiry this month after Comey’s firing. Deputy Attorney General Rod Rosenstein announced Mueller’s selection a day after it was disclosed that Comey maintained a secret file documenting his communication with the president.
Comey’s notes include his account of an encounter with Trump on Feb. 14 in which he said the president urged him to back off the examination of former national security adviser Michael Flynn. Flynn had been fired the day before for lying to other administration officials about his communication with Russian Ambassador Sergey Kislyak before the inauguration.
Lawmakers want access to Comey and his memos, which could lead to a conflict between the interests of lawmakers who urge a public airing of their investigations’ findings and Mueller, a prosecutor who might worry that any disclosure of potential evidence could damage a criminal investigation.
Public testimony could become more important when it comes to determining Trump’s motives for firing the FBI director.
In the days after firing Comey, Trump called the Russia investigation a “made- up story” and said in an interview with NBC News that it was on his mind when he fired the FBI chief. That contra- dicted his administration’s assertions — and even his own widely disseminated termination letter to Comey — stating the dismissal was based on the recommendations of Justice Department leaders, who objected to Comey’s handling of the Hillary Clinton email investigation.
As special counsel, Mueller’s investigative authority includes whether attempts were made to obstruct the federal inquiry.
The person familiar with Comey’s contacts with Mueller said that although discussions between the two have only been preliminary, there appeared to be an understanding of the need for public testimony from Comey.
There was agreement on the need for Mueller’s team to be fully briefed before Comey provided public testimony to the Senate Intelligence Committee.
Last week, Utah Rep. Jason Chaffetz, the Republican chairman of the House Oversight and Government Reform Committee, which has sought Comey’s testimony, canceled a scheduled hearing, saying Comey needed to consult with Mueller before offering any public comment.
At least two of the four congressional committees investigating alleged Russian interference ramped up their activities. Michael Cohen, Trump’s personal lawyer, acknowledged Tuesday that he resisted a request from congressional investigators seeking information from him about possible contacts with Russia.
“To date, there has not been a single witness, document or piece of evidence linking me to this fake Russian conspiracy,” Cohen said in a text message to USA TODAY. “This is not surprising to me because there is none! I declined the invitation ( by the Senate and House Intelligence panels) to participate as the request was poorly phrased, overly broad and not capable of being answered.”
Cohen is the second Trump associate to refuse cooperation with congressional investigating committees. This month, Flynn rejected a subpoena from the Senate Intelligence Committee, asserting his Fifth Amendment right against self- incrimination. Last week, the committee issued two subpoenas to Flynn’s businesses and seeks a response by early next week.
A third associate, Carter Page, an ex- foreign policy adviser to Donald Trump’s campaign, told USA TODAY on Tuesday that he no longer plans to testify publicly before the House Intelligence Committee in June as part of the panel’s investigation. Page had said last week that he planned to testify, in part because he wanted to rebut statements made in a public hearing a week ago by former CIA director John Brennan. The ex- CIA chief told the panel he had “unresolved questions” about whether Russia had been successful in getting Trump campaign officials to act on its behalf.
Asked whether he was prohibited from rebutting Brennan’s testimony, Page replied in a text message, “That sounds like a credible theory.”