May 17, 2017

Judiciary Committee Leaders Seek Copies of Reported Comey Memos and Possible Trump Tapes

Washington - Senate Judiciary Committee Ranking Member Dianne Feinstein (D-Calif.) joined Chairman Chuck Grassley (R-Iowa), Crime and Terrorism Subcommittee Chairman Lindsey Graham (R-S.C.) and Ranking Member Sheldon Whitehouse (D-R.I.) today to call on the FBI to provide all memos relating to former FBI Director Comey’s interactions with his superiors in both the Trump and Obama administrations.  They also called on the White House to provide records of interactions with former Director Comey, including any audio recordings. 

The requests follow news reports that Comey authored internal memos following meetings and conversations with President Trump in order to document what he perceived to be improper behavior by the President with respect to ongoing investigations at the FBI.  The president implied in a tweet last week that the White House may have recordings of interactions with Comey. 

In a letter to Acting FBI Director Andrew McCabe, the Judiciary Committee leaders request “all such memos, if they exist, that Mr. Comey created memorializing interactions he had with Presidents Trump and Obama, Attorneys General Sessions and Lynch, and Deputy Attorneys General Rosenstein, Boente, and Yates regarding the investigations of Trump associates’ alleged connections with Russia or the Clinton email investigation.” 

The letter from the senators to White House Counsel Donald McGahn, seeks “all White House records memorializing interactions with Mr. Comey relating to the FBI’s investigation of alleged ties between President Trump’s associates and Russia, or the Clinton email investigation, including all audio recordings, transcripts, notes, summaries, or memoranda.”

The Judiciary Subcommittee on Crime and Terrorism, led by Chairman Graham and Ranking Member Whitehouse, is currently conducting an investigation into Russian interference in the 2016 United States elections.  Committee leadership expects to hold a hearing on these matters.

Full text of both letters follows.

May 17, 2017 

VIA ELECTRONIC TRANSMISSION
The Honorable Andrew McCabe 
Acting Director 
Federal Bureau of Investigation
935 Pennsylvania Avenue, NW
Washington, DC 20535

Dear Acting Director McCabe:

Yesterday, the New York Times reported that former Director Comey created memos regarding his interactions with President Trump, “a paper trail Mr. Comey created documenting what he perceived as the president’s improper efforts to influence an ongoing investigation.”  The article stated that “Mr. Comey created similar memos – including some that are classified – about every phone call and meeting he had with the president.”  More generally, the article stated “Mr. Comey was known among his closet advisers to document conversations that he believed would later be called into question.”  Presumably, this means that Mr. Comey created similar memoranda relating to other controversial conversations, whether with officials in the current administration or the prior one. 

We are writing to request that the FBI provide the Committee with all such memos, if they exist, that Mr. Comey created memorializing interactions he had with Presidents Trump and Obama, Attorneys General Sessions and Lynch, and Deputy Attorneys General Rosenstein, Boente, and Yates regarding the investigations of Trump associates’ alleged connections with Russia or the Clinton email investigation.  Please provide these documents by no later than May 24, 2017. 

We anticipate that some of these documents may be classified, some may not, and others may contain both classified and unclassified information.  Please deliver any documents containing classified information to the Office of Senate Security and provide all unclassified documents directly to the Committee.  If you have any specific requests with regard to the Committee’s handling of unclassified material, please raise those with us in advance.

Thank you for your prompt attention to this important matter.  If you have any questions, please contact Patrick Davis of Chairman Grassley’s staff at (202) 224-5225, Heather Sawyer of Ranking Member Feinstein’s staff at (202) 224-7703, Lee Holmes of Chairman Graham’s staff at (202) 224-5972, or Lara Quint of Ranking Member Whitehouse’s staff at (202) 224-2921.

Sincerely,

Charles E. Grassley
Chairman
Committee on the Judiciary

Dianne Feinstein
Ranking Member
Committee on the Judiciary

Lindsey Graham
Chairman
Subcommittee on Crime and Terrorism
Committee on the Judiciary

Sheldon Whitehouse
Ranking Member
Subcommittee on Crime and Terrorism
Committee on the Judiciary

May 17, 2017

VIA ELECTRONIC TRANSMISSION
The Honorable Donald McGahn 
White House Counsel 
1600 Pennsylvania Avenue, NW
Washington, DC 20500

Dear Mr.McGahn:   

Yesterday, the New York Times reported that former FBI Director Comey memorialized the content of his phone calls and meetings with President Trump in a series of internal memoranda.  In particular, the article alleged that Mr. Comey had memorialized a conversation with the President in which the President made statements that have been interpreted as asking the FBI to clear Mr. Flynn of alleged wrongdoing.  The article noted that Mr. Comey was known among his closet advisers to document conversations that he believed would later be called into question.  Last week, the President tweeted a message implying that the White House may have audio recordings of interactions with Mr. Comey. 

The Judiciary Committee has already written to the FBI requesting all memos, if they exist, that Mr. Comey created memorializing interactions he had with Presidents Trump and Obama, Attorneys General Sessions and Lynch, and Deputy Attorneys General Rosenstein, Boente, and Yates regarding the investigations of Trump associates’ alleged connections with Russia or the Clinton email investigation.  In order for the Committee to fully assess these allegations, we are also asking that the White House please provide the Committee all White House records memorializing interactions with Mr. Comey relating to the FBI’s investigation of alleged ties between President Trump’s associates and Russia, or the Clinton email investigation, including all audio recordings, transcripts, notes, summaries, and memoranda.  To the extent the prior administration’s records of interactions with Mr. Comey about these topics may now be housed at the National Archives or elsewhere, we ask that you make the relevant personnel there aware of the request and authorize them to release the records to the Committee. 

Please provide the records by May 24, 2017.  Thank you for your prompt attention to this important matter.  If you have any questions, please contact Patrick Davis of Chairman Grassley’s staff at (202) 224-5225, Heather Sawyer of Ranking Member Feinstein’s staff at (202) 224-7703, Lee Holmes of Chairman Graham’s staff at (202) 224-5972, or Lara Quint of Ranking Member Whitehouse’s staff at (202) 224-2921.

Sincerely,

Charles E. Grassley
Chairman
Committee on the Judiciary

Dianne Feinstein
Ranking Member
Committee on the Judiciary

Lindsey Graham
Chairman
Subcommittee on Crime and Terrorism
Committee on the Judiciary

Sheldon Whitehouse
Ranking Member
Subcommittee on Crime and Terrorism
Committee on the Judiciary