(WASHINGTON) — A key Senate hearing from five years ago is the center of the federal probe into former FBI Director James Comey, sources told ABC News Thursday.
At least two exchanges he had with lawmakers on the Senate Judiciary Committee in September of 2020 are being scrutinized, according to sources familiar with the matter.
Prosecutors are investigating whether Comey, who appeared virtually due to the COVID-19 pandemic, lied when he affirmed prior congressional testimony that he never authorized leaks to the media, the sources said.
“On May 3rd, 2017, in this committee, Chairman Grassley asked you point blank, have you ever been an anonymous source in news reports about matters relating to the Trump investigation or the Clinton investigation? You responded under oath, ‘Never.’ He then asked you, ‘Have you ever authorized someone else at the FBI to be an anonymous source in news reports about the Trump investigation or the Clinton administration?’ You responded again under oath, ‘No.’ Now, as you know, Mr. McCabe, who works for you, has publicly and repeatedly stated that he leaked information to the Wall Street Journal and that you were directly aware of it and that you directly authorized it. Now, what Mr. McCabe is saying and what you testified to this committee cannot both be true. One or the other is false. Who’s telling the truth?” Sen. Ted Cruz, R-Texas, asked Comey.
“I can only speak to my testimony. I stand by the testimony you summarized that I gave in May of 2017,” Comey responded.
“So your testimony is you’ve never authorized anyone to leak? And Mr. McCabe, if he says contrary, is not telling the truth, is that correct?” Cruz asked.
“Again, I’m not going to characterize Andy’s testimony, but mine is the same today,” Comey responded.
The federal prosecutors separately investigated an exchange between Comey and Sen. Josh Hawley, R-Mo, in which Comey said he could not recall a September 2016 intelligence document he had been sent.
Republicans said his response raises questions as to whether the investigation of Russia’s interference in the 2016 election was a result of a strategy pushed by Hillary Clinton’s campaign. Intelligence officials have raised doubts regarding the validity of that document.
On Wednesday, prosecutors determined they would be unable to convince a jury that Comey knowingly gave false testimony in either exchange.
While they informed President Donald Trump’s appointed U.S. attorney Lindsey Halligan of their determination in a memo on Monday, sources told ABC News that she still intends to press forward and seek an indictment of Comey.
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