Assured That He Can Release Transcript, Comey Agrees To Closed-Door Testimony

FBI Director James Comey pauses as he testifies on Capitol Hill in Washington, Wednesday, May 3, 2017, before the Senate Judiciary Committee hearing: "Oversight of the Federal Bureau of Investigation." (AP Photo/Carolyn Kaster)
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Former FBI Director James Comey on Sunday withdrew his effort to quash a congressional subpoena to compel his closed-door congressional testimony after reaching an agreement with the House Judiciary Committee and the House Oversight Committee that he would be provided a transcript of his testimony that he can release to the public.

“Mr. Comey appreciates the Court’s attention to the above-captioned matter, but has now reached an acceptable accommodation with U.S. House of Representatives Committee on the Judiciary for voluntary testimony,” Comey’s lawyers wrote in a court filing Sunday. The former FBI director tweeted about the deal as well, writing, “This is the closest I can get to public testimony.”

According to text of the agreement between Comey and the Judiciary Committee shared with TPM, a transcript will be made available within 24 hours, “or as soon as is reasonably practical.” (Read the full agreement below.)

After being subpoenaed in late November to appear before the committees in early December, Comey objected publicly to the prospect of testifying behind closed doors.

He sued quash the subpoena, expressing his wariness of “selective leaking” being used to paint a distorted partisan picture of his testimony. Judiciary Committee chairman Bob Goodlatte tweeted Wednesday that he had told Comey the transcript of his testimony would be published publicly.

A federal judge heard arguments from both sides on Friday, the day after Comey’s legal filing.

Comey’s lawyer David Kelly shared the text of his agreement with the committees with TPM. Read it below:

Mr. Comey and the House Judiciary Committee have reached the following accommodation concerning the Judiciary Committee’s subpoena for Mr. Comey’s testimony:

  1. Mr. Comey has agreed to sit for a voluntary interview on December 7, 2018;
  2. The Judiciary Committee will make available to Mr. Comey a full transcript of that testimony within 24 hours of his testimony or as soon as is reasonably practicable;
  3. Mr. Comey is 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;
  4. So long as the interview proceeds as a voluntary interview an FBI representative will be present to advise concerning the disclosure of FBI information;
  5. In light of the mutual agreement on these conditions, Mr. Comey will withdraw his motion to quash and the Judiciary Committee will withdraw the subpoena for his testimony.

H/t Associated Press.

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Notable Replies

  1. Avatar for tena tena says:

    If they will let him publish the transcript then what the hell is the point of the closed-door testimony?

    I hate these games.

  2. a transcript will be made available within 24 hours, “or as soon as is reasonably practical.”

    Yeah. Uh-huh. Doesn’t say un-edited either. Sure folded fast too.

  3. Avatar for tpr tpr says:

    I was thinking about this over the last week – although I did not anticipate this outcome.

    Perhaps there is less grandstanding in a closed-door session, because there aren’t cameras and observers. In that case, closed-door testimony might be more efficient and therefore more productive. I also assume that, since a transcript can be redacted before being released, the session would be free to ignore the distinction between classified and unclassified topics, knowing that a post-interview review could sort that stuff out.

    All of that would make it worthwhile even if the transcript is available immediately afterward… if the committee members were sincerely trying to discover the truth so as to better guide their actions. But, since the committee is controlled by wannabe permanent rulers, this will be a waste of time.

  4. As someone pointed out to me, there’s no body language; purple, bulging, GOP gape-mouthed, gular-facial bood vessels, and no possibility of live reaction to the unfolding farrago.

  5. Avatar for outis outis says:

    I can see the redactions now. It will look like a bad kidnapping or ransom note, omitting everything that doesn’t fit their narrative of a rogue FBI going after an innocent president due to that Steele dossier (which was bought and paid for by Hillary). We have heard this fanciful claim before, and at this point it may be all that they have left.

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