Comey memo: Trump asked for FBI to drop Flynn probe

Tonight’s news: Trump asked FBI Director James Comey to drop the investigation into former national security adviser Michael Flynn‘s ties to Russia, according to a memo Comey drafted immediately after a February meeting with Trump in the Oval Office. The story was broken by The New York Times’ Michael Schmidt — the same reporter who revealed the existence of Hillary Clinton‘s private email server. 

Per Comey’s memo, Trump said: “I hope you can see your way clear to letting this go, to letting Flynn go.” And: “He is a good guy. I hope you can let this go.” 

More details from CNN’s Jake Tapper, Pamela Brown and Dan Merica: Vice President Mike Pence and Attorney General Jeff Sessions had been in the meeting with Comey — but before making the Flynn request, Trump asked Pence and Sessions to leave the room, per Comey’s memo. Comey was “concerned” that the President was trying to “stop the investigation,” a source told CNN. “He wrote a number of memos, a great many if not all were about contacts with Trump — particularly the ones that made him feel uneasy.” The source said Comey hopes the President’s threats about “tapes” of their conversations indicate there are actually recordings of their conversations. “He would love to have them,” the source said. “One of his reasons for writing these memos is the concern this couldn’t be corroborated — but that could be met if there are tapes.”

Congress wants the memo — and to hear from Comey. Sen. Lindsey Graham, chairman of a judiciary subcommittee investigating Russia, said Comey should testify before his panel. House Speaker Paul Ryan‘s spokeswoman said he wants the Comey memo. House Oversight Chairman Jason Chaffetz tweeted this:

STRAIGHT UP

BAR TALK

So why didn’t Comey speak up?

Democratic Sen. Richard Blumenthal: “Would you tell this committee if there is a lack of cooperation on the part of the White House?”

Then-FBI Director James Comey: “I won’t commit to that.” 

The question is — why not? Why did Comey never raise this conversation, which CNN senior legal analyst Jeffrey Toobin says appears to be an obstruction of justice on Trump’s part, with lawmakers — or the White House counsel — or someone other than close associates at the FBI? 

CNN’s Gloria Borger shines some light on that question. She spoke to a friend of Trump’s who has knowledge of the legal issues surrounding Comey, who says that Comey should not have gone to Congress with the information he memoralized. This source points out that Comey “was in the middle of an ongoing investigation, everybody would lawyer up and head for the hills.”
 
The source says Comey did the right thing: Made notes of his conversation and sent it to another member of his leadership team. “It’s textbook,” the source says. The source also adds that Comey was not required to inform the Justice Department.
 
In terms of whether Trump actually meant to obstruct an investigation, the source says that “motive always matters” especially since this is “he said, he said.” But the Trump friend worries about Trump in this instance and says, “He better hope there aren’t any tapes.” In a criminal case, motive is important. But a political case is a different story. The source also called the White House’s spin laughable. “Comey is conducting an active investigation. He has no duty to inform Congress of anything. If he did that it would leak on the Hill in a minute,” the source said.

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LAST CALL

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