TRUMP’S ATTORNEY: “Contrary to numerous false press accounts leading up to today’s hearing, Mr. Comey has now finally confirmed publicly what he repeatedly told the President privately: The President was not under investigation as part of any probe into Russian interference.”


  • FACT: Whether or not Trump is under investigation for collusion with Russia, Comey made clear in his testimony that he is “sure” that Special Counsel Mueller is investigating Trump for obstruction of justice.


TRUMP’S ATTORNEY: “According to Mr. Comey, the President told Mr. Comey ‘it would be good to find out’ in that investigation if there were ‘some ‘satellite’ associates of his who did something wrong.’ And he did not exclude anyone from that statement.”


  • FACT: Even if this is true, it does not mean that Trump did not ask Comey to drop the Flynn probe, which Comey clearly interpreted to be separate from the Russian interference investigation.


TRUMP’S ATTORNEY: Mr Comey’s testimony also makes clear that the President never sought to impede the investigation into attempted Russian interference in the 2016 election, and in fact, consistent with that statement, the President never, in form or substance, directed or suggested that Mr. Comey stop investigating anyone, including suggesting that that Mr. Comey “let Flynn go.”


  • FACT: Here are some of the things Comey said today about Trump’s request that he drop the Flynn investigation:  


COMEY: “I took it as a direction…I took it as, this is what he wants me to do.”


COMEY: “We don’t want the agents and analysts working on this to know the president of the United States has—has asked—and when it comes from the president, I took it as a direction—to get rid of this investigation, because we’re not going to follow that—that request.”


TRUMP’S ATTORNEY: “Admiral Rogers testified that the President never ‘directed [him] to do anything…illegal, immoral, unethical or inappropriate’ and never ‘pressured [him] to do so.’ Director Coates said the same thing. The President likewise never pressured Mr. Comey.”


  • FACT: Rogers and Coates actually went out of their way to avoid answering the real question: whether Trump asked them to interfere with the FBI’s investigation into Michael Flynn.  In fact, Rogers and Coates were admonished by GOP Senate Intelligence Committee Chairman Richard Burr for refusing to answer this and other questions without any legal basis.


TRUMP’S ATTORNEY: “The President also never told Mr. Comey, ‘I need loyalty, I expect loyalty’ in form or substance.”


  • FACT: Comey not only took contemporaneous notes about this comment, he also discussed it with the FBI’s senior leadership.  Trump, on the other hand, insisted that he never said this during a dinner Trump falsely claimed Comey initiated.  

TRUMP’S ATTORNEY: “Today, Mr. Comey admitted that he leaked to friends his purported memos of these privileged conversations, one of which he testified was classified. He also testified that immediately after he was terminated he authorized his friends to leak the contents of these memos to the press in order to “prompt the appointment of a special counsel.”

  • FACT: The details of some of these memos became part of news reports only after Trump publicly disclosed the content of several conversations in his termination letter to Comey, accused him publicly of being a liar, threatened that he might have tapes of their conversations, and lied repeatedly about his management of the FBI.  Comey also did not testify in any way that he leaked the contents of any classified memo to unauthorized persons.

TRUMP’S ATTORNEY: “In sum, it is now established that the president was not being investigated for colluding with or attempting to obstruct.

FACT: Kasowitz’s use of the past tense here makes clear that he cannot say Trump isn’t currently being investigated for collusion, nor can he say that the Special Counsel is currently investigating Trump for obstruction as Comey suggested.  because he is well aware that that hasn’t been established.