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Top Republican expects James Comey to drop House subpoena challenge James Comey reaches deal for private testimony to House judiciary panel
(about 1 hour later)
A top House Republican expects former FBI director James Comey to withdraw his effort to quash a subpoena compelling him to testify in secret about decisions on investigations ahead of the 2016 presidential election. Former FBI director James Comey has reached a deal to testify privately to the House judiciary committee, his attorney said on Sunday.
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In an interview on the Fox show Sunday Morning Futures, House judiciary committee chairman Bob Goodlatte said attorneys for the House of Representatives and Comey had been in discussions since Friday, when they presented arguments in court. Comey, whose lawyers went to court to challenge a congressional subpoena, said in a tweet that it was “hard to protect my rights without being in contempt”.
Judge Trevor McFadden in the US district court for the District of Columbia scheduled a hearing on Monday to decide the issue and asked Comey lawyer David Kelley to submit an additional legal brief by Sunday afternoon. He added: “Republicans agree I’m free to talk when done and transcript released in 24 hours. This is the closest I can get to public testimony.”
“I expect that later today, Mr Comey will withdraw his motion to quash our subpoena and agree to voluntarily appear for a transcribed interview,” Goodlatte said. On Friday, Comey’s lawyers told a federal judge the interview should be done in a public setting because they feared statements would be selectively leaked as part of Republican efforts to undermine special counsel Robert Mueller’s investigation of Russian election interference and links between aides to Donald Trump and Moscow.
“That of course remains to be seen. It hasn’t happened yet. But the counsel for the House and the counsel for Mr Comey have been working cooperatively and I expect that will happen.“ A lawyer for Congress argued that committees can conduct investigations however they please and Comey had no right to refuse a subpoena or demand a public hearing.
Kelley could not be immediately reached for comment. Comey is expected to be questioned about decisions made by the FBI in 2016, including a call not to recommend criminal charges against Hillary Clinton for her use of a private email server and the FBI’s investigation into potential coordination between Russia and Trump’s campaign. Trump fired Comey in May 2017.
At the heart of the case is whether Goodlatte’s panel should be able to force Comey to testify in secret about FBI investigations into Hillary Clinton’s use of a private email server and whether Donald Trump’s campaign colluded with Russia. The interview is scheduled for Friday and Comey will be “free to make any or all of that transcript public as he is free to share with the public any of the questions asked and testimony given during the interview”, said his attorney, David Kelley.
Kelley argued in court that Republicans are violating House rules by not holding a public hearing where all committee members can ask questions. Kelley accused lawmakers of wanting to leak portions of Comey’s testimony, to undermine special counsel Robert Mueller’s investigation into Russian interference in the election. Because of the deal, Comey has agreed to withdraw his challenge to the subpoena. A judge had been set to rule on the matter on Monday. No federal district court has ever granted a request to quash a subpoena and suspend congressional proceedings.
Thomas Hungar, a lawyer for the House, said a 1975 supreme court case, Eastland v US Servicemen’s Fund, made it clear the speech or debate clause in the constitution provides for complete immunity for the issuance of such subpoenas. That case was not cited in briefs submitted by Comey’s attorney, prompting him to ask the judge for an opportunity to respond.
No federal district court has granted a request to quash a subpoena and suspend congressional proceedings. That was not lost on McFadden during Friday’s hearing.
“So you don’t deny this has never been done by any district court judge before?” McFadden asked Kelley.
Kelley replied: “Here’s your opportunity, judge, to make some law.”
James Comey
Robert Mueller
Trump administration
Trump-Russia investigationTrump-Russia investigation
Trump administration
Donald TrumpDonald Trump
James Comey
Robert Mueller
US politicsUS politics
FBI
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