Former FBI Director James Comey said that he plans to fight a congressional order calling on him to appear for a deposition.
“Happy Thanksgiving. Got a subpoena from House Republicans. I’m still happy to sit in the light and answer all questions. But I will resist a ‘closed door’ thing because I’ve seen enough of their selective leaking and distortion. Let’s have a hearing and invite everyone to see,” Comey wrote.
Comey had previously indicated that he would only appear to answer questions in a public hearing. The last time he appeared for public testimony, Comey used the public setting as justification for refusing to answer almost 100 questions, according to Rep. Trey Gowdy (R-S.C.).
Gowdy, a former federal prosecutor, explained that key witnesses—such as Comey and Lynch—are usually interviewed at the end of an investigation.
“We’re at the end,” Gowdy said. “We’ve interviewed a lot of witnesses between House intel and judiciary, and it’s time to bring in Comey and Lynch.”
Comey’s attorney, David Kelley, said his client prefers a public setting because the investigation by the two committees resulted in a number of leaks to the media. Kelley alleged that the leaks were selective, with a goal to “fit and promote the committee’s false narrative.”
“While the authority for congressional subpoenas is broad, it does not cover the right to misuse closed hearings as a political stunt to promote political as opposed to legislative agendas,” Kelley said.
The joint investigation was subject to a number of leaks from anonymous sources, but it isn’t known who was behind the disclosures. Since most of the leaks exposed questionable conduct by Obama administration officials, there is reason to suspect Republicans. But Democrats could benefit from the leaks as well, since revealing key confidential documents and testimony can help witnesses align their stories.
Republicans on the House Judiciary and Oversight committees are investigating actions taken by the FBI and the Justice Department (DOJ) during the 2016 election. Comey and Lynch headed those entities at the time.
The full scope of the House investigation isn’t known, but the two committees have been following leads from an earlier probe led by the chair of the House Intelligence Committee, Rep. Devin Nunes (R-Calif.).
Comey signed the original FISA application to surveil former Trump campaign volunteer Carter Page in October 2016, and two renewal applications in January and April 2017. The FBI described Page, a U.S. citizen, as a Russian agent in the documents. Page was never charged with a crime and vehemently denies that he is a Russian agent.
The Republicans say there is evidence that Comey committed investigative misconduct, obstructed justice, and lied about the Clinton-email investigation. They also say the former FBI chief should be investigated for leaking the classified memo. The lawmakers say Lynch obstructed justice and committed investigative misconduct by threatening a Uranium 1 informant with reprisal if he spoke to investigators.
