Lawfare‏: 'So Will Comey's Testimony Turn Out to Be Much Ado About Nothing? Hardly.'

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Lawfare‏ @lawfareblog
@Susan_Hennessey & @benjaminwittes: What to Expect When You're Expecting Comey https://www.lawfareblog.com/what-expect-when-youre-expecting-comey


So Will Comey’s Testimony Turn Out to Be Much Ado About Nothing?

Hardly.

Even if there is no game-changing single allegation, Comey’s account of his interactions with the President are potentially pivotal in a number of respects: First, this is the first time we are going to hear a coherent narrative presentation of the President’s interactions with law enforcement over the Russia investigation. The journalism on this subject has been superb, and we are in no sense criticizing it when we say that what we have seen to date are scattered anecdotes given by—with the exception of those stories sourced to Ben—anonymous sources. That’s just a reality. There is nothing first-hand. There is very little on the record. There is nothing under oath.

All that will change when Comey testifies. Whatever you think of the guy, he’s not a liar. He will also be under oath. And he will be testifying about matters in which he was a direct participant. That means his testimony will bring a certain first-hand narrative coherence to what is now a disturbing but disjointed set of reports. That’s a very big deal, even if there is no smoking gun revelation. In other words, this may not be the first time we are hearing some of these stories, but it is the first time we’re hearing Comey tell them—and it’s the first time we’re hearing them in detail, rather than in sketch, and in a formal setting. That will be a big deal.

It’s important to stress that the details here—and how the incidents in question connect to one another—matter enormously. It matters if the FBI Director felt menaced by the President, felt he had to protect the FBI from him, felt the President was trying to interfere with the Russia investigation—or if, in the alternative, he merely regarded the President as an eccentric who had to be educated about how to behave. It matters if he describes a pattern of pressure or a pattern of missteps or something in between. It matters what precisely the President said. It matters what precisely he asked—or told—Comey to do. It matters what a reasonable person would glean from Comey’s story about the President’s intent.


_____ This is a forum in which Comey excels. Love him or hate him, he’s charismatic and highly articulate. He comes across as earnest; he’s exceptionally good at the Q&A format of a congressional hearing. And he will have a good portion of the nation’s attention for several hours of uninterrupted air time. Don’t underestimate the power of that moment, particularly if the story he tells turns out to be—as the news stories would lead a reasonable reader to suspect—alarming as to the President’s commitment to basic rule of law norms.

It appears Trump himself recognizes the potential power of this moment: He reportedly plans to live tweet the hearing, a strategy that will only add to the spectacle of the episode. If Comey’s factual account raises concerns about obstruction of justice, dyspeptic presidential Twitter interventions in the middle of his testimony will only invite the inference that the President continues to fear the former director and, having removed Comey from his own investigation, continues to harass him in his effort to assist the committees.


read more: https://www.lawfareblog.com/what-expect-when-youre-expecting-comey

[berksdem]

1. he can be articulate

and excel in this type of forum but it still comes down to what he says. I am not holding my breath that we are about to see the beginning of the end.

[lamp_shade]

2. Big rec. This is a good and informative read. Thanks.