House GOP lawyers blast Comeys grandiose demand for public hearing Daily Mail Online
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Lawyers for the Republican run House Judiciary Committee are ridiculing former FBI Director James Comey for a grandiose demand to dictate the terms of his testimony after getting a subpoena.
The lawyers responded Friday to a motion filed by Comeys lawyers seeking to resist a subpoena to appear behind closed doors in Congress by claiming lawmakers were likely to leak the contents to his own disadvantage.
Putting aside the procedural and constitutional infirmities of Mr. Comeys ill conceived litigation, Mr. Comey has identified no colorable basis to object to his deposition, write three lawyers for the House General Counsel in response to Comeys suit.
Instead, he wishes to dictate the terms of his appearance by demanding a public hearing, the House lawyers add in one of many passages seeking to torch his claims in highly personalized terms.
Lawyers for former FBI Director James Comey argue a subpoena to appear behind closed doors is abusive to witnesses due to likely leaks
No other witness involved in this investigation has made such a grandiose demand, and this Court should not countenance Mr. Comeys temerity in attempting to dictate the terms on which he will deign to comply with his constitutional obligations, argue the attorneys, Thomas Hungar, Todd Tatelman, and Kimberly Hamm.
The filing is laced with terms that disparage Comeys position, saying he brazenly demands the court grant his request, and terms his effort extraordinary and frivolous.
As far as undersigned counsel is aware, no district court in the history of the Republic has ever granted such a request, the lawyers write.
Lawyers for the House Judiciary Committee responded to Comeys request to quash a subpoena
The legal filing blasts Comeys grandiose demand in personalized terms
Judge Trevor McFadden postponed a ruling until Monday, giving both sides the weekend to bolster their arguments, The Hill reported.
The lawyers site the authority and jurisdiction of the House Judiciary Committee, and say the federal court lacks jurisdiction to rule on a legislative act protected by the Constitutions Speech or Debate Clause, which provides for Congress to exercise its power outside of interference from other branches.
The lawyers claim Comey made fatal concessions in his own filing when he said the FBI, which he used to head, and the Justice Department are appropriately subject to congressional oversight.
They also cite the Constitutions stipulation that each House of Congress may determine the Rules of its Proceedings – something properly delegated to committees.
A declaration by the general counsel and parliamentarian for the House Judiciary makes the case for why Comeys testimony is in bounds – while also spelling out how Republicans plan to use it to try to go after the origins of the Russia probe as well as his handling of the Clinton email scandal.
The statement notes that Comey ultimately made the decision and was the primary author of the press statement announcing the decision not to prosecute Clinton. And it says he was personally involved with the Russia probe and signed off on the surveillance warrant for Trump advisor Carter Page, who came under scrutiny for his Russia ties during the campaign.
The furious response came after Comey filed a motion to quash a House subpoena ordering him to testify in private – arguing the conditions would lead to selective leaks and is abusive to witnesses.
Comey, who has previously gotten grilled by both the House and Senate in public over his handling of the Clinton email scandal and his firing by President Donald Trump, has been ordered to appear December 3.
The GOP run House Judiciary and Oversight and Government Reform committees are demanding he appear as part of their probe into decisions not to prosecute Clinton, as well as FBI conduct during the Russia investigation.
But Comey argues that a closed hearing would allow for selective leaks, is abusive to witnesses, and furthers no legitimate congressional purpose, according to a court filing by his lawyers.
The filing cites what it calls the abusive pattern of the selective leaking by the joint committee.
His legal team also argues that Trumps criticisms, a combination of leaks and his tweets have created a corrosive narrative that could harm his credibility.
The narrative, they claim, is that Clinton has committed serious crimes but was given unwarranted leniency, whereas the president has been been saddled with unwarranted scrutiny, for purely partisan political reasons, by the same FBI and DOJ.
It cites a Supreme Court case that grew out of the McCarthy hearings, and a ruling that if a subpoena is issued solely for sake of exposure or intimidation, then it exceeds the legislative function of Congress.
It was unclear how much weight Comeys arguments would carry against Congress, which has compelled cabinet officials and corporate chiefs to appear at numerous hearings in the past, even if those on the other side of the dais considered it grandstanding.
Comey is resisting the subpoena, but says he will appear at a public hearing. If the matter gets delayed until January, Democrats will take over the committees
The lawyers cite committee leaks, including leaking of the testimony of former deputy FBI Director Andrew McCabe, who was fired after a report cited him for leaking
Comeys lawyers are fighting the subpoena
LETS DO THIS IN PRIVATE: Comey got a subpoena to appear before the GOP committees Dec. 3
Comey says he would be willing to appear in public to testify where the public and the media would be present and his views could get aired in full.
Today my legal team filed court papers to try to get transparency from House Republicans. Let the American people watch, Comey wrote.
President Trump has attempted to brand Comey a leaker and a liar for having kept copious private notes during his time at the FBI and then passing them on to a friend.
Bombshell stories of Trump demanding what Comey said was a pledge of loyalty from Trump made it into the New York Times following a leak.
Comey also tweeted about the subpoena over the holiday weekend.
Happy Thanksgiving. Got a subpoena from House Republicans. Im still happy to sit in the light and answer all questions, he wrote on Thanksgiving. But I will resist a closed door thing because Ive seen enough of their selective leaking and distortion. Lets have a hearing and invite everyone to see.
Comeys lawyers, Vincent Cohen, Brett Kohlhofer, David Kelley, Jeffrey Brown, and Kaitlyn Walsh of Dechert LLP, also cited numerous leaks from closed testimony that ended up in the press. Among them are snippets from fired FBI deputy director Andrew McCabe, FBI lovers Peter Strzok and Lisa Page, and Justice Department official Bruce Ohr.
Former attorney general Jeff Sessions fired McCabe following an IG report that faulted him for leaking.
Comeys lawyers even quote Oversight panel chairman Rep. Trey Gowdy of South Carolina, who said: I dont get the chance to say this very often, but I do think Jim Comey is right. Leaks are counterproductive whether Jim Comey is doing it, whether the FBI is doing it, or whether Congress is doing it.
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Published by Associated Newspapers Ltd
Part of the Daily Mail, The Mail on Sunday Metro Media Group
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