I have just finished reading the entire 235-page transcript of the Executive Session Committee on the Judiciary, Joint with the Committee on Government Reform and Oversight, U.S. House of Representatives, December 7, 2018 in which the Republican majority questioned James Comey, former Director of the FBI about the same set of issues related to his public statements during the runup to the 2016 election and to his explanation of why former Secretary of State Hillary Clinton was not charged with criminal conduct related to her misuse of emails.
Suffice to say, the Republicans failed yet again to lay a glove on Comey, and I say that recognizing that many people, myself included, disagree strongly with his decision to tell the world, on the eve of the election, that the FBI had reopened its investigation of Clinton because of the discovery of a trove of her emails on the laptop of Anthony Weiner, husband of Clinton aide, Huma Abedin
After all the questioning and posturing, only two things emerged that are even interesting at this point in time.
One was the effort by Rep. Trey Gowdy, to compare unfavorably the treatment of Clinton regarding whether she had simply “made a mistake” and the treatment of President Trump and General Michael Flynn on the question whether on the question of his potential attempt at obstruction of justice by asking Comey to drop the Flynn matter. Recall that Comey immediately prepared a memo about Trump’s demand and shared it with senior people at the FBI.
In classic fashion for the Republicans, Gowdy suggested that a statement by former President Obama had stated, while in office, that “the target of an investigation that was ongoing simply made a mistake and lacked the requisite criminal intent.” Gowdy demanded to know whether Comey didn’t think that Obama’s statement was “potentially obstruction of justice.”
“Mr. Comey. I didn’t see it as — through the lens of obstruction of justice. I saw it as threatening our ability to credibly complete the investigation.
Mr. Gowdy. In what way?
Mr. Comey. The President of the United States offering a view on a matter or a case that’s under investigation, when that President is of the same party as the subject of the investigation and working for her election, would tend to cast doubt in reasonable people’s minds about whether the investigation had been conducted and completed fairly, competently, and independently…. It concerns me whenever the Chief Executive comments on pending criminal investigations, something we see a lot today, which is why it concerned me when President Obama did it.
Mr. Gowdy. Well, it concerns me too, Director Comey. I’m also concerned that people treat similarly situated people the same. And did you make a memo after President Obama said she made a mistake and lacked the requisite criminal intent?
Mr. Comey. He said that on FOX News.
Mr. Gowdy. Right.
Mr. Comey. I did not make a memo about the FOX News broadcast.
The second instance occurred when Jim Jordan made much about the fact that James Baker, then General Counsel of the FBI, had testified earlier that it was a unique circumstance that anyone would approach him directly with evidence of someone’s wrongdoing that the discloser claimed would warrant an FBI investigation. What Jordan did not do was acknowledge that Baker had in fact returned alter to clarify that he did remember another case, a completely different matter, in which precisely that had occurred. It was left to the Democrats (Ms. Sachsman Grooms in this case, she being Deputy Staff Director for Rep. Elijah Cummings of MD) to ask what amounted to redirect questions to fully develop the record that the Republicans were trying to create with partial information from a prior hearing.
Overall, despite all the sturm und drang from the Republicans, it was the same old same old. This is not part of an investigation designed to get at the truth about some threat to the country. It is an entirely partisan attempt to buttress the President against the ugly truth that he tried to obstruct justice by directly asking the Director of the FBI to drop a criminal investigation involving the National Security Advisor that Trump had appointed. The hearing will resume on December 17.
Trey Gowdy, soon to retire from the House, has little time left to restore himself to the good graces of the President who tolerance for independent thought is below zero. Read the history of Trump-Gowdy here: “Trump allies gang up on Gowdy,” https://politi.co/2Lgl1SZ It’s pretty amusing. We can expect more “fireworks” from the Republicans in the next round with Comey who must be getting pretty tired of answering the same stupid questions over and over. But that’s what the President’s sycophants do. They have nothing else.