ABC News
is now reporting that associates of the fired former FBI director, James B. Comey, say he
wants to testify publicly before Congress, and the Senate Intelligence Committee — which is probing the Russia story — seems like the right venue. Among other things, Comey will almost certainly address explosive but disputed
reports over whether Trump demanded loyalty from him during a private dinner in January, as Comey’s associates
have claimed.
Ron Wyden, a hard-charging member of the Senate Intelligence Committee, intends to use this moment to press Comey to detail what exactly happened in this exchange, a spokesman for the Oregon Democrat says.
“If and when Comey testifies, Senator Wyden will ask him if Donald Trump demanded a loyalty pledge,” Wyden spokesman Keith Chu told me this morning.
If Comey asserts in public that Trump did demand loyalty from him — which is plausible — consider what could happen then. Trump responded to initial reports of that demand with a
threatening tweet that implied Trump may have been taping private conversations. If Comey goes public, the pressure on the White House to release these tapes — or admit they don’t exist — should intensify. Republican lawmakers — who already expressed discomfort with the firing and with Trump’s threat — will now be expected to comment about Comey’s
on-the-record assertion that the president demanded a loyalty pledge from him.
Some
legal experts have suggested such a loyalty demand could constitute obstruction of justice. It isn’t just that FBI directors (who serve insulating 10-year terms) aren’t supposed to be political loyalists. It’s also that Trump would have demanded loyalty from the man overseeing the FBI probe into his own campaign, even as that man (Comey) knew full well that Trump has the power to fire him, which Trump has now exercised,
explicitly because of Comey’s handling of the investigation. This
undermines basic norms dictating a clear separation between the White House and law enforcement and raises doubts as to whether the FBI’s investigation can proceed free of political interference.
A serious probe of this whole affair by
an independent commission or similar would look not just at possible Russia-Trump campaign collusion. It would also seek to establish whether Trump demanded Comey’s loyalty. It would seek a full accounting of Trump’s decision to fire Comey, and what sort of role Attorney General Jeff Sessions and his deputy, Rod J. Rosenstein, played in carrying that out. That latter question matters, since Sessions was supposed to recuse himself from the investigation, and any role Rosenstein played in the political hatcheting of Comey
could compromise his role in overseeing the continuing FBI probe.