“… The false statement charge asserts that in appearing before the Senate Judiciary Committee on Sept. 30, 2020, Mr. Comey told a U.S. senator that he “had not ‘authorized
someone else at the F.B.I. to be an anonymous source in news reports’ regarding an F.B.I. investigation concerning” an unnamed person. But in fact, the indictment says, Mr. Comey had authorized someone to do so.
The obstruction charge is even vaguer. It asserts that Mr. Comey made “false and misleading statements” before the committee, but offers no details.
The quotation seemingly attributed to Mr. Comey in the first charge was actually uttered by Senator Ted Cruz, Republican of Texas. That is one of several factors that makes dissecting their exchange complicated and ambiguous — an issue that could be problematic for proving to a jury that Mr. Comey not only made a false statement but also did so intentionally.
Mr. Cruz was in turn recounting an exchange at a
Senate hearing on May 3, 2017. At the time, Senator Charles E. Grassley, Republican of Iowa, asked Mr. Comey whether he had “ever authorized someone else at the F.B.I. to be an anonymous source in news reports about the Trump investigation or the Clinton investigation.” Mr. Comey responded, “No.”
The 2017 exchange itself falls outside the five-year statute of limitations to charge someone with making a false statement, so Mr. Comey is being charged for saying in 2020 that he stood by having said “no” and that his testimony was “the same today.”
In context, Mr. Grassley was clearly referring to the investigation into the Trump campaign’s possible ties to Russia and to the investigation into Hillary Clinton’s use of an email server.
In his questioning three years later, Mr. Cruz slightly mangled this exchange — he said Clinton “administration” rather than “investigation” — and he shifted to discuss a leak about a different Clinton-related investigation.
Confusingly, Mr. Cruz offered what appears to have been an inaccurate account of a disagreement between Mr. Comey and his former deputy, Andrew McCabe, regarding authorization to disclose that matter. He then asked Mr. Comey two different questions — whether Mr. Comey was saying he had never authorized anyone to leak, and whether if Mr. McCabe said otherwise, that meant Mr. McCabe was lying….”