This was clarified I believe. McCain was asking Comey's opinion as to whether he felt Trump had committed obstruction of Justice? This is what he was asking. But I don't think this question was properly phrased or asked in this context or answered in this context by Comey.
Cillizza: What, exactly, was McCain asking Comey?
What, exactly, was John McCain asking James Comey?
(CNN)The
strangest moment of the nearly three-hour Senate intelligence committee
hearing featuring testimony from fired FBI Director James Comey came at
the very end. And it came courtesy of a somewhat-unlikely source:
Arizona Sen. John McCain.
Odd
because McCain isn't actually on the Senate intelligence committee. But
because he is the chairman of the Armed Services Committee, he -- as
well as Democratic Sen. Jack Reed of Rhode Island, the ranking member on
Armed Services -- gets ex officio status and can ask questions.
And,
whoa boy, did McCain ask some questions. (At 356 seconds, he talked the
second-most among all senators -- only Chairman Richard Burr used more
speaking time.)
Here's the start of McCain's exchange with Comey (Note: McCain appears to mistakenly refer to Trump as Comey at one point):
MCCAIN:
"In the case of Hillary Clinton, you made the statement that there
wasn't sufficient evidence to bring a suit against her, although it had
been very careless in their behavior, but you did reach a conclusion in
that case that it was not necessary to further pursue her, yet at the
same time in the case of Mr. Comey (sic) you said that there was not
enough information to make a conclusion. Tell me the difference between
your conclusion as far as former Secretary Clinton is concerned and Mr.
Trump."
COMEY:
"The Clinton investigation was a completed investigation that the FBI
had been deeply involved in, so I had an opportunity to understand all
the facts and apply those facts against the law as I understood them.
This investigation was under way -- still going when I was fired. So
it's nowhere near in the same place."
MCCAIN: "But it's still ongoing."
COMEY: "Correct. So far as I know. It was when I left."
MCCAIN: "That investigation was going on. This investigation is going on. You reached separate conclusions."
COMEY: "No. That one was done."
MCCAIN: "That investigation have any involvement of Secretary Clinton or any of her associates is completed?"
COMEY:
"As of July the 5th, the FBI completed its investigative work and
that's what I was announcing, what we had done and what we had found."
MCCAIN:
"Well, at least in the minds of this member, there's a whole lot of
questions remaining about what went on, particularly considering the
fact that as you mentioned, it's a, quote, big deal as to what went on
during the campaign, so I'm glad you concluded that part of the
investigation, but I think that the American people have a whole lot of
questions out there, particularly since you just emphasized the role
that Russia played. And obviously she was a candidate for president at
the time. So she was clearly involved in this whole situation where fake
news, as you just described it, is a big deal took place. You're going
to have to help me out here. In other words, we're complete, the
investigation of anything former Secretary Clinton had to do with the
campaign is over and we don't have to worry about it anymore?"
COMEY: " With respect to -- I'm a little confused."
But McCain wasn't done. Here's how he closed his questioning of Comey:
MCCAIN:
"So are you aware of anything that would lead you to believe that the
president or members of the administration or members of the campaign
could potentially be used to coerce or blackmail the administration?"
COMEY: "That's a subject for investigations. Not something I can comment on sitting here."
MCCAIN:
"But you reached that conclusion as far as secretary Clinton was
concerned, but you're not reaching a conclusion as far as this
administration is concerned. Are you aware of anything that would lead
you to believe that information exists that could coerce members of the
administration or blackmail the administration?"
COMEY: "That's not a question I can answer, senator."
Er.....
I'll
admit that I was -- and am -- as lost as Comey appeared to be as to
what McCain was driving at. The two investigations -- Clinton's
decision to establish a private email server and the Russians meddling
in the 2016 election -- are not the same thing.
As
Comey explained to McCain, the Clinton investigation was concluded on
July 5, 2016 when he announced to the country that while the former
secretary of state had been "extremely careless," he was not bringing
charges against her. The investigation into Russia's meddling in the
election and any possible collusion with elements of the Trump campaign
is still ongoing.
Complicating
things somewhat is the fact that in late October -- much to Clinton's
chagrin -- Comey announced that the investigation into her email server
was re-opening after a new batch of emails had been discovered on a
computer belonging to Huma Abedin, a top Clinton aide, and her husband
at the time Anthony Weiner. But as the FBI announced just before the
election, nothing was discovered on that computer that changed the
bureau's decision not to charge Clinton or any of her aides.
McCain
seemed not to get that -- whether intentionally or not. He seemed set
on making clear that Comey had some sort of double standard in the
investigations -- that he had gone easy on Clinton but hadn't extended
that same courtesy to Trump.
"It
seemed that he investigated, he decided without the Department of
Justice deciding, that there would be no reason to bring charges against
then-secretary of state Clinton and at the same time -- candidate
Clinton," McCain explained to reporters after the hearing. "And at the
same time, the investigation continues to go on concerning President
Trump and his people. I don't understand how you can say in one case
there's no reasons to consider -- continue it, and he says that the
Russian engagement was a big deal in his words, and I agree with him,
but yet it seems a double standard."
So, um, ok.
Update:
McCain made light of the confusion and clarified what he meant by his
questions at the hearing in a statement after the hearing an in an
exchange with reporters.
And here's the written statement:
"I
get the sense from Twitter that my line of questioning today went over
people's heads. Maybe going forward I shouldn't stay up late watching
the Diamondbacks night games.
"What
I was trying to get at was whether Mr. Comey believes that any of his
interactions with the President rise to the level of obstruction of
justice. In the case of Secretary Clinton's emails, Mr. Comey was
willing to step beyond his role as an investigator and state his belief
about what 'no reasonable prosecutor' would conclude about the evidence.
I wanted Mr. Comey to apply the same approach to the key question
surrounding his interactions with President Trump—whether or not the
President's conduct constitutes obstruction of justice. While I missed
an opportunity in today's hearing, I still believe this question is
important, and I intend to submit it in writing to Mr. Comey for the
record."
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