BUT THIS NEW NEWS, THIS NEW NEWS ABOUT THIS NEW PREVIOUSLY
UNDISCLOSED, UNREPORTED SUBPOENA FOR THE TRUMP CAMPAIGN CHAIRMAN,
THIS NEW NEWS THAT WE'RE
BREAKING RIGHT NOW, THIS BREAKS TONIGHT, I'M FULLY COGNIZANT
AGAINST THE BACKDROP OF THIS MUCH BIGGER "NEW YORK TIMES"
STORY ABOUT JAMES COMEY. WHEN JAMES COMEY WAS HIRED BY
THE OBAMA ADMINISTRATION TO BE FBI DIRECTOR, THERE WAS SOME
POLITICAL CONTROVERSY ABOUT HIS HIRING.
TEN-YEAR TERM. THAT'S WHY IT'S SUCH A BIG DEAL
THAT TRUMP FIRED HIM ONLY A FEW YEARS INTO THAT TERM.
BUT THERE WAS CONTROVERSY WHEN OBAMA HIRED HIM IN THE FIRST
PLACE. THERE WAS CONTROVERSY ON THE
LEFT BECAUSE JAMES COMEY IS THOUGHT TO BE A REPUBLICAN.
JAMES COMEY HAD SERVED IN A HIGH-RANKING POSITION.
HE'D BEEN DEPUTY ATTORNEY GENERAL IN THE GEORGE W. BUSH
JUSTICE DEPARTMENT AND THAT WAS AT A TIME WHEN THE GEORGE W.
BUSH JUSTICE DEPARTMENT WAS IMPLICATED IN HAVING GIVEN LEGAL
COVER TO THE BUSH ADMINISTRATION'S POLICY OF
TORTURING TERRORISM SUSPECTS. ON PAPER, THAT MAKES SOMEBODY
WITH A RESUME LIKE JAMES COMEY NOT A LIKELY CANDIDATE TO BE
GIVEN A BIG PROMOTION TO A HIGH-PROFILE JOB IN ANY
DEMOCRATIC ADMINISTRATION, LET ALONE THE OBAMA ADMINISTRATION.
ON PAPER, IT DIDN'T MUCH MAKE SENSE THAT THE OBAMA
ADMINISTRATION WOULD HIRE SOMEBODY FROM THE GEORGE W. BUSH
JUSTICE DEPARTMENT TO COME RUN THE FBI.
ON PAPER, IT DIDN'T MAKE SENSE. IN REAL LIFE, JAMES COMEY WAS
ABLE TO TELL A DRAMATIC STORY OF HIM STANDING UP TO THE GEORGE W.
BUSH ADMINISTRATION WHEN THAT ADMINIADMINISTRATION HAD TRIED
PRESSURE THE JUSTICE DEPARTMENT ON THE JUSTICE DEPARTMENT ON A
CONTROVERSIAL SURVEILLANCE MEASURE.
GAVE THAT DRAMATIC TESTIMONY IN CONGRESS AND NOBODY WHO HEARD IT
EVER FORGOT IT. SO HE HAD THAT GOING FOR HIM.
AND HE HAD ONE OTHER ACE UP HIS SLEEVE.
IT WAS A MEMO. YES, JAMES COMEY HAD BEEN IN ON
THE BUSH-ERA JUSTICE DEPARTMENT DECISIONS ON TORTURE, BUT ON MAY
31st, 2005, AFTER PARTICIPATING IN A JUSTICE DEPARTMENT MEETING
ABOUT THE LEGALITY OF TORTURE, JAMES COMEY COMMITTED TO WRITING
IN THE IMMEDIATE AFTERMATH OF THAT MEET, HE COMMITTED TO
WRITING, HE WROTE DOWN AND DOCUMENTED FOR THE RECORD THAT
AT THAT MEETING HE'D EXPLAINED TO THE ATTORNEY GENERAL THAT
WHAT THEY WERE DECIDING THERE ABOUT TORTURE WAS WRONG.
HE WROTE, QUOTE, IN STARK TERMS I EXPLAINED TO HIM WHAT THIS
WOULD LOOK LIKE SOME DAY AND WHAT IT WOULD MEAN FOR THE
PRESIDENT AND THE GOVERNMENT. HE WROTE THIS MEMO AFTER THE
MEETING THAT HE HAD PARTICIPATED IN.
HE E-MAILED THIS MEMO TO HIS CHIEF OF STAFF.
BASICALLY MEMORIALIZING FOR THE RECORD THAT HE WAS AGAINST THIS
DECISION. THAT HE EXPRESSED AT THE TIME
THAT A CASE COULD BE MADE THAT SOME OF THIS STUFF THEY WERE
AUTHORIZE, QUOTE, WAS SIMPLY AWFUL.
AND SO WHEN THERE WAS A DEPARTMENT OF JUSTICE
INVESTIGATION LATER ON, INTO HOW IT CAME TO BE THAT THE JUSTICE
DEPARTMENT'S LAWYERS UNDER GEORGE W. BUSH HAD STRETCHED THE
LAW BEYOND RECOGNITION TO AUTHORIZE TORTURE, PART OF WHAT
THEY HAD TO REVIEW, PART OF WHAT WAS IN THE RECORD WAS THIS JAMES
COMEY MEMO. JAMES COMEY'S CONTEMPORANEOUS
MEMO STATING FOR THE RECORD THAT HE WAS AGAINST WHAT WAS GOING ON
AT THE TIME. AND HOWEVER THAT MAKES YOU FEEL
ABOUT JAMES COMEY, AND HIS PARTICIPATION IN TORTURE RELATED
DISCUSSIONS AND THE OBAMA'S ADMINISTRATION'S DECISION TO
BRING HIM ON AT FBI DRICTOR. THAT KNOWN THING ABOUT HIS PAST
DOES GO SOME DISTANCE TO PROVING THAT JAMES COMEY HAS A HISTORY
OF DOCUMENTING CONTROVERSIAL MEETINGS AND CONVERSATIONS WITH
HIGHERS UP. DOCUMENTING THEM IN WRITING AT
THE TIME. IN CASE HE EVER NEEDS TO GET
THAT STUFF ON THE HISTORICAL RECORD.
HE'S APPARENTLY BEEN DOING THAT FOR YEARS.
HE APPARENTLY DID THAT WITH THE ATTORNEY GENERAL BACK WHEN HE
WAS DEPUTY ATTORNEY GENERAL. AND NOW ACCORDING TO "THE NEW
YORK TIMES," HE'S BEEN DOING THAT AFTER EVERY CONVERSATION
AND PHONE CALL THAT HE HAS WITH THE PRESIDENT.
AND SO TONIGHT THERE'S THE HEADLINE.
COMEY MEMO SAYS TRUMP ASKED HIM TO END FLYNN INVESTIGATION.
AND IF MICHAEL SCHMIDT'S REPORTING IS RIGHT IN "THE NEW
YORK TIMES" TONIGHT AND THESE TWO PEOPLE WHO READ THE COMEY
MEMO ARE TELLING THE TRUTH, THEN THERE IS, ONCE AGAIN, A
BOMBSHELL CONTEMPORANEOUSLY WRITTEN JAMES COMEY MEMO ABOUT A
MEETING HE WAS IN WITH SOMEBODY WELL UP THE FOOD CHAIN FROM HIM.
A MEETING HE THINKS WENT DRAMATICALLY WRONG AND HE FELT
THE NEED TO WRITE IT DOWN AND DOCUMENT IT AT THE TIME.
IF THAT MEMO ACCURATELY DOCUMENTS THE FACT THE PRESIDENT
TOLD THE FBI DIRECTOR TO SHUT DOWN THE FBI INVESTIGATION INTO
THE NATIONAL SECURITY ADVISER OVER HIS CONNECTIONS WITH
RUSSIA, IF THAT REALLY HAPPENED, THEN THIS IS LIKE -- THIS IS
HEADING TOWARD THE END, RIGHT? IT HAS TO BE, RIGHT?
IT FEELS THAT WAY. BUT LET'S MAKE SURE WE'VE GOT
THIS STORY EXACTLY RIGHT. JOINING US IS MICHAEL SCHMIDT,
"THE NEW YORK TIMES" REPORTER WHO BROKE THIS STORY TONIGHT.
CONGRATULATIONS ON THIS SCOOP. THANKS FOR BEING HERE TO HELP US
UNDERSTAND IT. >> THANKS FOR HAVING ME.
>> LET ME ASK IT IN THE WAY I CHARACTERIZE YOUR STORY HERE.
DID I GET ANYTHING WRONG THERE? IS THERE ANYTHING IMPORTANT THAT
I MISSED? >> NO, YOU ACCURATELY DESCRIBE
IT. >> OKAY.
I OBVIOUSLY WON'T ASK YOU TO TALK ABOUT YOUR SOURCES BUT CAN
YOU TELL US A LITTLE BIT ABOUT HOW YOU CAME TO KNOW ABOUT THIS
MEMO, HOW YOU CAME TO BELIEVE THAT IT IS -- IT WAS
CONTEMPORANEOUSLY WRITTEN AND THAT IT DOES SAY WHAT YOU
DESCRIBE IT SAYING? >> IN THE PAST FEW DAYS, I
LEARNED THAT COMEY HAD CREATED THESE MEMOS ABOUT EVERY PHONE
CONVERSATION AND EVERY MEETING THAT HE HAD WITH THE PRESIDENT.
AND IN THE COURSE OF REPORTING THAT OUT AND TRYING TO PREPARE A
STORY JUST SIMPLY ON THAT FACT, I LEARNED DETAILS ABOUT ONE OF
THOSE MEMOS. AND PROBABLY ONE OF THE MOST
EXPLOSIVE DETAILS, ALTHOUGH I DON'T KNOW THE CONTENT OF EVERY
OTHER MEMO, MY GUESS IS THIS IS PROBABLY THE MOST EXPLOSIVE AND
SALACIOUS STUFF IN IT. BASICALLY, AFTER THIS MEETING AT
THE WHITE HOUSE, COMEY WAS VERY CONCERNED ABOUT A LOT OF THINGS
TRUMP HAD DONE AND HE KNEW HE HAD TO CREATE THIS RECORD IF
THERE WAS EVER AN ISSUE. THEY WEREN'T REALLY SURE HOW TO
DEAL WITH WHAT THE PRESIDENT DID, BUT THEY KNEW THAT IF THEY
WROTE IT DOWN, THEY WOULD PAY OFF IN THE FUTURE.
>> MICHAEL, DO YOU KNOW -- I ASK THIS BECAUSE OF THAT HISTORICAL
EXAMPLE THAT I GAVE ABOUT JAMES COMEY AND THIS MEMO A DECADE AGO
WHEN THE DISCUSSIONS WERE HAPPENING IN THE JUSTICE
DEPARTMENT UNDER GEORGE W. BUSH ABOUT THE LEGALITY OF TORTURE.
WE KNOW FROM ACTUALLY "NEW YORK TIMES" REPORTING ABOUT THAT
EXPERIENCE. THAT COMEY NOT ONLY
CONTEMPORANEOUSLY DOCUMENTED THOSE MEETINGS WHERE
CONTROVERSIAL DECISIONS WERE MADE AND WHERE HE STOOD IN
RELATION TO THOSE CONTROVERSIAL DECISIONS.
HE E-MAILED THEM AT THE TIME TO HIS CHIEF OF STAFF, TO ONE OF
HIS TOP STAFFERS. >> DO WE KNOW HOW THIS
INFORMATION WAS HANDLED IN THE MOMENT AS COMEY WAS REPEATEDLY
MAKING THESE MEMOS AND NOTES EVERY TIME HE SPOKE WITH TRUMP?
>> I KNOW THAT THERE ARE COPIES OF THEM THAT HAVE BEEN
CIRCULATED AT THE FBI AND THOSE COPIES STILL EXIST THERE.
SOME OF THE MEMOS ARE CLASSIFIED AND HAVE BEEN LOGGED ON THE
FBI'S CLASSIFIED SYSTEM. SO THE IDEA WAS TO SPREAD THIS
OUT TO COMEY'S, YOU KNOW, VERY CLOSE ADVISERS AT THE BUREAU SO
THERE WERE OTHER FOLKS THAT KNEW ABOUT THEM AT THE TIME.
AND COMEY TOLD FOLKS HE WAS WRITING THEM AND PUT HIS
INITIALS AT THE BOTTOM OF THEM. THIS IS SOMETHING I DIDN'T KNOW
A LOT ABOUT COMEY. I'VE ONLY COVERED HIM IN RECENT
YEARS. I'VE TALKED TO SOME FOLKS WHO
SAID HE DIDN'T REALLY DO THIS AT THE BEGINNING OF HIS CAREER BUT
WHEN HE CAME TO WASHINGTON LIKE HE DID AS THE DEPUTY ATTORNEY
GENERAL UNDER PRESIDENT BUSH, HE BEGAN DOING MEMOS LIKE THIS.
HE DID THINGS LIKE THIS DURING THE CLINTON E-MAIL INVESTIGATION
AND HE DID THEM NOW. WHENEVER HE WAS GOING TO
SOMETHING THAT COULD BE POLITICALLY SENSITIVE, HE DID
THIS TO DOCUMENT IT. >> AND MICHAEL, JUST TO BE
CLEAR, YOU EXPLAINED THIS, BUT LET ME UNDERSCORE IT.
WHEN HE MADE THIS MEMO AT THE TIME, HE CIRCULATED IT AT THE
TIME? OR HE ONLY CIRCULATED IT --
>> NO, I BELIEVE HE CIRCULATED IT AT THE TIME.
I DON'T KNOW WHERE THESE MEMOS ARE IN THE FBI SYSTEM OR
WHATEVER, BUT I KNOW THAT THEY WERE CIRCULATED TO HIS FOLKS AT
THE TIME. AND STUFF WAS LOGGED IN THE FBI
SYSTEM. THERE WERE NOT -- THERE'S
SOMETHING CALLED 302s WHICH ARE FBI AGENT REPORTS.
THESE ARE NOT THOSE, BUT THESE ARE MORE MEMOS SAYING, LOOK, ON
THIS DAY, I WENT TO THE WHITE HOUSE.
THIS IS WHAT HAPPENED. HERE'S THE STORY.
YOU KNOW, JBC AT THE BOTTOM. >> IN TERMS OF YOUR ACCESS TO
THIS INFORMATION, YOU WRITE IN "THE TIMES" TONIGHT THAT YOU
DIDN'T ACTUALLY SEE THE FULL MEMO.
YOU SAY THAT YOUR SOURCES READ PARTS OF THE MEMO TO YOU.
DO YOU HAVE ANY SENSE OF WHY THEY'D BE COMFORTABLE READING
YOU PARTS OF THE MEMO BUT NOT SHOWING IT TO YOU?
OR IF THEY HAVE ANY PLANS TO RELEASE THIS DOCUMENT EITHER TO
CONGRESS OR TO THE PUBLIC MORE COMPLETELY OTHER THAN READING
YOU PIECES OF IT?
>> I DON'T KNOW WHY WE HAVEN'T BEEN ABLE TO SEE COPIES OF THE
DOCUMENTS. PEOPLE CAN GET SKITTISH ABOUT
MEET WITH US AND GET SKITTISH ABOUT TALKING TO US.
I DON'T HAVE AN ANSWER TO THAT. WHAT I DO KNOW IS, MY GUESS IS
THAT COMEY WOULD PROBABLY GIVE THESE WITHOUT QUESTION TO
CAPITOL HILL IF THEY ARE SUBPOENAED OR IF COMEY IS
SUBPOENAED TO TESTIFY. YOU KNOW, COMEY HAS TAKEN A LOT
OF CRITICISM. A LOT OF PEOPLE TAKE ISSUE WITH
THINGS THAT HE'S DONE FROM THE LEFT AND THE RIGHT AND INSIDE
THE JUSTICE DEPARTMENT, INSIDE THE FBI, BUT IF WE KNOW ANYTHING
ABOUT COMEY, IT'S THAT HE PRIDES HIS INDEPENDENCE AND PRIDES HIS
TRANSPARENCY. MY GUESS IS AT SOME POINT,
WHETHER IT'S IN THE NEXT FEW DAYS, MONTHS OR YEARS, WE'LL
PROBABLY SEE THESE MEMOS. >> MICHAEL, ONE LAST QUESTION
FOR YOU. WHEN YOU BROUGHT THIS TO THE
WHITE HOUSE, TO GET COMMENT FROM THEM, COMMENT, CONFIRMATION,
DENIAL, CAN I ASK ABOUT HOW THEY REACTED?
THEY'VE OBVIOUSLY PUSHED BACK ON YOUR REPORT SINCE IT WAS
PUBLISHED ON "THE TIMES'" WEBSITE THIS AFTERNOON.
THEY SAYS THIS IS NOT AN ACCURATE ACCOUNT OF THAT
CONVERSATION BETWEEN COMEY AND TRUMP AND HE DOESN'T WANT TO
SHUT DOWN THIS INVESTIGATION AND NEVER TRIED TO.
DOES THAT COMPORT WITH HOW THEY REACTED WHEN YOU BROUGHT THIS TO
THEM FOR COMMENT? DID THEY SEEM SURPRISED THAT A
MEMO LIKE THIS EXISTS? >> WELL, THE ONLY THING WE
REALLY KNEW WAS THAT HE WERE ONE OF THE FEW PEOPLE ONTO THIS AND
THE ONLY PEOPLE THAT WERE ASKING THE WHITE HOUSE ABOUT IT.
I WOULDN'T WANT TO GET INTO WHAT THE BACK AND FORTH WITH THEM
WAS. BUT AS THEY DID, THEY DID DENY
IT. AND ONE WHITE HOUSE OFFICIAL
SAID TO ME THAT WE SHOULD POINT OUT THE FACT THAT THE DEPUTY FBI
DIRECTOR McCABE DID TESTIFY WHEN HE WAS UP ON CAPITOL HILL LAST
WEEK THAT THERE HAD BEEN NO PROBLEMS WITH THE WHITE HOUSE
MEDDLING IN THE INVESTIGATION. THAT'S SOMETHING WE DON'T
UNDERSTAND WHY McCABE WOULD SAY THAT GIVEN WHAT HAPPENED WITH
COMEY. AS THE STORY GOES FORWARD,
THERE'S A LOT OF THINGS WE DON'T KNOW, BUT WE FEEL CONFIDENT IN
THE INFORMATION WE PUBLISHED AND IN THE FACT THESE MEMOS DO
EXIST. >> MIKE SCHMIDT OF "THE NEW YORK
TIMES" WHO IS THE SOLE BYLINE ON THIS INCREDIBLE BOMBSHELL
TONIGHT. I FEEL LIKE I'M OVERUSING THE
WORD BOMBSHELL BUT THEY JUST KEEP GOING OFF.