Justice Dept. Watchdog Has Evidence Comey Probed Trump, on the Sly
It is one of the most enduring and consequential mysteries of the Trump-Russia investigation: Why did former FBI Director James Comey refuse to say publicly what he was telling President Trump in private -- that Trump was not the target of an ongoing probe?
That refusal ignited a chain of events that has consumed Washington for more than two years – including Comey’s firing by Trump, the appointment of Special Counsel Robert Mueller, and ongoing claims that Trump obstructed justice.
Now an answer is emerging. Sources tell RealClearInvestigations that Justice Department Inspector General Michael Horowitz will soon file a report with evidence indicating that Comey was misleading the president. Even as he repeatedly assured Trump that he was not a target, the former director was secretly trying to build a conspiracy case against the president, while at times acting as an investigative agent.
Two U.S. officials briefed on the inspector general’s investigation of possible FBI misconduct said Comey was essentially “running a covert operation against” the president, starting with a private “defensive briefing” he gave Trump just weeks before his inauguration. They said Horowitz has examined high-level FBI text messages and other communications indicating Comey was actually conducting a “counterintelligence assessment” of Trump during that January 2017 meeting in New York.
In addition to adding notes of his meetings and phone calls with Trump to the official FBI case file, Comey had an agent inside the White House who reported back to FBI headquarters about Trump and his aides, according to other officials familiar with the matter.
Although Comey took many actions on his own, he was not working in isolation. One focus of Horowitz’s inquiry is the private Jan. 6, 2017, briefing Comey gave the president-elect in New York about material in the Democratic-commissioned dossier compiled by ex-British intelligence officer Christopher Steele. Reports of that meeting were used days later by BuzzFeed, CNN and other outlets as a news hook for reporting on the dossier’s lascivious and unsubstantiated claims.
Comey’s meeting with Trump took place one day after the FBI director met in the Oval Office with President Obama and Vice President Joe Biden to discuss how to brief Trump — a meeting attended by National Security Adviser Susan Rice, Homeland Security Secretary Jeh Johnson, Deputy Attorney General Sally Yates and National Intelligence Director James Clapper, who would soon go to work for CNN.
In his recently published memoir, “A Higher Loyalty,” Comey denied having "a counterintelligence case file open on [Trump],” though he qualified the denial by adding this was true only in the “literal” sense. He also twice denied investigating Trump, under oath, in congressional testimony.
But, former FBI counterintelligence agent and lawyer Mark Wauck said, the FBI lacked legal grounds to treat Trump as a suspect. “They had no probable cause against Trump himself for ‘collusion’ or espionage,” he said. “They were scrambling to come up with anything to hang a hat on, but had found nothing.”
What remains unclear is why Comey would take such extraordinary steps against a sitting president. The Mueller report concluded there was no basis for the Trump-Russia collusion conspiracy theories. Comey himself was an early skeptic of the Steele dossier -- the opposition research memos paid for by Hillary Clinton’s campaign that were the road map of collusion theories – which he dismissed as “salacious and unverified.”
Justice Dept. Watchdog Has Evidence Comey Probed Trump, on the Sly | RealClearInvestigations