# Comey Memo:  Trump Told Him - Shut Down Flynn Probe

**URL:** <https://boards.straightdope.com/t/comey-memo-trump-told-him-shut-down-flynn-probe/786792>\
**Category:** Politics & Elections\
**Created:** [May 16, 2017, 9:40pm UTC](https://boards.straightdope.com/t/comey-memo-trump-told-him-shut-down-flynn-probe/786792 "2017-05-16T21:40:51Z")\
**Posts on this page:** 20\
**Page:** 37

<div class="post-metadata">

**Author:** ![Fiveyearlurker](https://avatars.discourse-cdn.com/v4/letter/f/da6949/32.png) [@Fiveyearlurker](https://boards.straightdope.com/u/Fiveyearlurker)\
**Post date:** [June 10, 2017, 3:06pm UTC](https://boards.straightdope.com/t/comey-memo-trump-told-him-shut-down-flynn-probe/786792/721 "2017-06-10T15:06:21Z")

</div>

> [@John\_Mace](#):
>
> As a procedural matter, can the minority party (i.e., Democrats) compel a witness to testify before the committee? Or, is that a privilege reserved for the majority party? I’m thinking that the Republicans would know better than to allow Trump to testify.

Unless they’re looking for an off ramp that gives them deniability.

Impeachment is an active process where they would have to go against the leader of their own party. But, compel his testimony under the premise that “Hey, he has nothing to hide, so let’s get it all out there.” And, then pretend to be surprised when it turns out to be the nail in his coffin.

---

<div class="post-metadata">

**Author:** ![ganthet](https://avatars.discourse-cdn.com/v4/letter/g/9de0a6/32.png) [@ganthet](https://boards.straightdope.com/u/ganthet)\
**Post date:** [June 10, 2017, 3:33pm UTC](https://boards.straightdope.com/t/comey-memo-trump-told-him-shut-down-flynn-probe/786792/722 "2017-06-10T15:33:33Z")

</div>

> [@John\_Mace](#):
>
> As a procedural matter, can the minority party (i.e., Democrats) compel a witness to testify before the committee? Or, is that a privilege reserved for the majority party? I’m thinking that the Republicans would know better than to allow Trump to testify.

It looks like it varies from [committee to committee](https://fas.org/sgp/crs/misc/R44247.pdf) in both the House and Senate. House committees seem more likely to have delegated subpoena power to the chairperson alone while Senate committees seem more likely to have given the power to the chairperson and ranking minority member of the committee when acting together.

The latter is the arrangement that is in effect for the [Senate Intelligence Committee](https://www.washingtonpost.com/powerpost/senate-intelligence-committee-votes-to-give-leaders-solo-subpoena-power/2017/05/25/8ecb655a-4189-11e7-adba-394ee67a7582_story.html?utm_term=.7f8865c81448).

---

<div class="post-metadata">

**Author:** ![k9bfriender](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/k9bfriender/32/3283_2.png) [@k9bfriender](https://boards.straightdope.com/u/k9bfriender)\
**Post date:** [June 10, 2017, 3:44pm UTC](https://boards.straightdope.com/t/comey-memo-trump-told-him-shut-down-flynn-probe/786792/723 "2017-06-10T15:44:54Z")

</div>

> [@Fiveyearlurker](#):
>
> There’s no chance Trump’s lawyers agree to let him testify under oath voluntarily.

Does he even still have lawyers?

---

<div class="post-metadata">

**Author:** ![ThelmaLou](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thelmalou/32/390_2.png) [@ThelmaLou](https://boards.straightdope.com/u/ThelmaLou)\
**Post date:** [June 10, 2017, 4:22pm UTC](https://boards.straightdope.com/t/comey-memo-trump-told-him-shut-down-flynn-probe/786792/724 "2017-06-10T16:22:52Z")

</div>

> [@k9bfriender](#):
>
> Does he even still have lawyers?

He has one: [Marc Kasowitz](https://www.washingtonpost.com/blogs/right-turn/wp/2017/06/09/trumps-lawyer-makes-things-worse-for-his-client/). As of 11:22 am CDT. But the day is young.

---

<div class="post-metadata">

**Author:** ![squeegee](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/squeegee/32/14537_2.png) [@squeegee](https://boards.straightdope.com/u/squeegee)\
**Post date:** [June 10, 2017, 4:27pm UTC](https://boards.straightdope.com/t/comey-memo-trump-told-him-shut-down-flynn-probe/786792/725 "2017-06-10T16:27:42Z")

</div>

Does it even matter if Trump testifies to congress under oath and commits perjury? Sessions did, and he’s not wearing a prison jumper. I can’t see the DOJ indicting a sitting president, and I can’t see Trump ever getting impeached or removed whatever he does.

---

<div class="post-metadata">

**Author:** ![ThelmaLou](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thelmalou/32/390_2.png) [@ThelmaLou](https://boards.straightdope.com/u/ThelmaLou)\
**Post date:** [June 10, 2017, 4:28pm UTC](https://boards.straightdope.com/t/comey-memo-trump-told-him-shut-down-flynn-probe/786792/726 "2017-06-10T16:28:57Z")

</div>

> [@squeegee](#):
>
> Does it even matter if Trump testifies to congress under oath and commits perjury? Sessions did, and he’s not wearing a prison jumper. I can’t see the DOJ indicting a sitting president, and I can’t see Trump ever getting impeached or removed whatever he does.

I agree.

---

<div class="post-metadata">

**Author:** ![Siam\_Sam](https://avatars.discourse-cdn.com/v4/letter/s/d78d45/32.png) [@Siam\_Sam](https://boards.straightdope.com/u/Siam_Sam)\
**Post date:** [June 10, 2017, 4:34pm UTC](https://boards.straightdope.com/t/comey-memo-trump-told-him-shut-down-flynn-probe/786792/727 "2017-06-10T16:34:38Z")

</div>

> [@squeegee](#):
>
> Does it even matter if Trump testifies to congress under oath and commits perjury? Sessions did, and he’s not wearing a prison jumper.

I’ve started wondering if there are any penalties at all for playing Shenanigans with congressional hearings. Seems like you can lie or obfuscate to your heart’s content or even not show up if you feel like it.

---

<div class="post-metadata">

**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\
**Post date:** [June 10, 2017, 4:49pm UTC](https://boards.straightdope.com/t/comey-memo-trump-told-him-shut-down-flynn-probe/786792/728 "2017-06-10T16:49:36Z")

</div>

> [@ThelmaLou](#):
>
> He has one: [Marc Kasowitz](https://www.washingtonpost.com/blogs/right-turn/wp/2017/06/09/trumps-lawyer-makes-things-worse-for-his-client/). As of 11:22 am CDT. But the day is young.

That’s a pretty damning analysis; I’d like to know how much concurrence there is amongst law-talking types about this.

---

<div class="post-metadata">

**Author:** ![Jack\_Batty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jack_batty/32/3201_2.png) [@Jack\_Batty](https://boards.straightdope.com/u/Jack_Batty)\
**Post date:** [June 10, 2017, 5:14pm UTC](https://boards.straightdope.com/t/comey-memo-trump-told-him-shut-down-flynn-probe/786792/729 "2017-06-10T17:14:24Z")

</div>

[Trump’s next lawyer.](https://www.youtube.com/watch?v=qWomk2yt-C8)

---

<div class="post-metadata">

**Author:** ![Fiveyearlurker](https://avatars.discourse-cdn.com/v4/letter/f/da6949/32.png) [@Fiveyearlurker](https://boards.straightdope.com/u/Fiveyearlurker)\
**Post date:** [June 10, 2017, 6:22pm UTC](https://boards.straightdope.com/t/comey-memo-trump-told-him-shut-down-flynn-probe/786792/730 "2017-06-10T18:22:15Z")

</div>

> [@tripthicket](#):
>
> I wonder… has Trump himself actually ever testified in a court of law under oath? Lots of lawsuits he purportedly directed to be filed over the years/decades, but has he personally ever been directly involved in the proceedings?

Apparently,[he has been under oath.](https://www.washingtonpost.com/graphics/politics/2016-election/trump-lies/) And he had to acknowledge that he had lied.

---

<div class="post-metadata">

**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [June 10, 2017, 6:26pm UTC](https://boards.straightdope.com/t/comey-memo-trump-told-him-shut-down-flynn-probe/786792/731 "2017-06-10T18:26:54Z")

</div>

> [@squeegee](#):
>
> Does it even matter if Trump testifies to congress under oath and commits perjury? Sessions did, and he’s not wearing a prison jumper. I can’t see the DOJ indicting a sitting president, and I can’t see Trump ever getting impeached or removed whatever he does.

Emphasis added. That’s debatable, not an established fact. And if he did, he may still be liable.

---

<div class="post-metadata">

**Author:** ![Sherrerd](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sherrerd/32/8_2.png) [@Sherrerd](https://boards.straightdope.com/u/Sherrerd)\
**Post date:** [June 10, 2017, 8:26pm UTC](https://boards.straightdope.com/t/comey-memo-trump-told-him-shut-down-flynn-probe/786792/732 "2017-06-10T20:26:47Z")

</div>

> [@squeegee](#):
>
> Does it even matter if Trump testifies to congress under oath and commits perjury? Sessions did, and he’s not wearing a prison jumper. I can’t see the DOJ indicting a sitting president, and I can’t see Trump ever getting impeached or removed whatever he does.

> [@John\_Mace](#):
>
> Emphasis added. That’s debatable, not an established fact. And if he did, he may still be liable.

Yes, I’ve seen no analysis that says Sessions is in the clear about his alleged perjury; on the contrary, during Comey’s testimony we heard strong indications that Mueller is looking at Sessions, at Sessions’ meetings with Russia, and at what Sessions has said–or failed to say–about them under oath:

> [@](#):
>
> WYDEN: Let me turn to the attorney general. In your statement, you said that you and the FBI leadership team decided not to discuss the president’s actions with Attorney General Sessions, even though he had not recused himself. What was it about the attorney general’s interactions with the Russians or his behavior with regard to the investigation that would have led the entire leadership of the FBI to make this decision?
> 
> COMEY: Our judgment, as I recall, is that he was very close to and inevitably going to recuse himself for a variety of reasons. We also were aware of facts that I can’t discuss in an opening setting that would make his continued engagement in a Russia-related investigation problematic. …

> **[The 7 most revealing exchanges from Comey’s Senate testimony](https://www.vox.com/2017/6/8/15761794/comey-hearing-revealing-exchanges)**
>
> “Lordy, I hope there are tapes.”

> [@Siam\_Sam](#):
>
> I’ve started wondering if there are any penalties at all for playing Shenanigans with congressional hearings. Seems like you can lie or obfuscate to your heart’s content or even not show up if you feel like it.

The fact that the four intelligence/Justice officials (Coats, Rogers, McCabe, and Rosenstein) called to the June 7 Senate Intelligence Committee hearing all stonewalled instead of answering questions they had no good reason to refuse, will not have gone unnoticed in the Capitol.

Senators and Representatives are going to want to mark their territory about this issue of letting your Feelings decide whether or not you want to answer questions. We could be seeing the results soon.

---

<div class="post-metadata">

**Author:** ![k9bfriender](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/k9bfriender/32/3283_2.png) [@k9bfriender](https://boards.straightdope.com/u/k9bfriender)\
**Post date:** [June 10, 2017, 8:39pm UTC](https://boards.straightdope.com/t/comey-memo-trump-told-him-shut-down-flynn-probe/786792/733 "2017-06-10T20:39:09Z")

</div>

> [@Sherrerd](#):
>
> Yes, I’ve seen no analysis that says Sessions is in the clear about his alleged perjury; on the contrary, during Comey’s testimony we heard strong indications that Mueller is looking at Sessions, at Sessions’ meetings with Russia, and at what Sessions has said–or failed to say–about them under oath:
> 
> [The 7 most revealing exchanges from Comey’s Senate testimony - Vox](https://www.vox.com/2017/6/8/15761794/comey-hearing-revealing-exchanges)
> 
> The fact that the four intelligence/Justice officials (Coats, Rogers, McCabe, and Rosenstein) called to the June 7 Senate Intelligence Committee hearing all stonewalled instead of answering questions they had no good reason to refuse, will not have gone unnoticed in the Capitol.
> 
> Senators and Representatives are going to want to mark their territory about this issue of letting your Feelings decide whether or not you want to answer questions. We could be seeing the results soon.

I get the need to protect particular agents or methods of information gathering, but are we ever gong to find out the stuff behind the closed doors meeting?

They complain about the media and the public speculating, and being ignorant of the facts, but they hide those facts from us.

---

<div class="post-metadata">

**Author:** ![Sherrerd](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sherrerd/32/8_2.png) [@Sherrerd](https://boards.straightdope.com/u/Sherrerd)\
**Post date:** [June 10, 2017, 8:54pm UTC](https://boards.straightdope.com/t/comey-memo-trump-told-him-shut-down-flynn-probe/786792/734 "2017-06-10T20:54:45Z")

</div>

> [@k9bfriender](#):
>
> I get the need to protect particular agents or methods of information gathering, but are we ever gong to find out the stuff behind the closed doors meeting?  
> They complain about the media and the public speculating, and being ignorant of the facts, but they hide those facts from us.

Yes, in fairness they should stop complaining about the speculating going on. (They’re not going to stop being secretive–both for _good_ reasons and for ‘humans in positions of power don’t actually like oversight’ reasons.)

---

<div class="post-metadata">

**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [June 10, 2017, 9:02pm UTC](https://boards.straightdope.com/t/comey-memo-trump-told-him-shut-down-flynn-probe/786792/735 "2017-06-10T21:02:57Z")

</div>

> [@Sherrerd](#):
>
> Yes, I’ve seen no analysis that says Sessions is in the clear about his alleged perjury; on the contrary, during Comey’s testimony we heard strong indications that Mueller is looking at Sessions, at Sessions’ meetings with Russia, and at what Sessions has said–or failed to say–about them under oath:

As one guy said being interviewed about this whole thing: Once the FBI is involved, all bets are off. I expect they are going to dig and dig and dig and when you start uncovering rocks owned by rich and powerful people, you will almost certainly find some bad shit. Someone is going to trip and “make false statements”, if they haven’t already done so, or end up being found to have “conspired”. I’ll be surprised if this takes down Trump, but some one or some people are going down. Not anytime soon, but maybe next year.

---

<div class="post-metadata">

**Author:** ![HurricaneDitka](https://avatars.discourse-cdn.com/v4/letter/h/96bed5/32.png) [@HurricaneDitka](https://boards.straightdope.com/u/HurricaneDitka)\
**Post date:** [June 10, 2017, 9:08pm UTC](https://boards.straightdope.com/t/comey-memo-trump-told-him-shut-down-flynn-probe/786792/736 "2017-06-10T21:08:34Z")

</div>

> [@Siam\_Sam](#):
>
> I’ve started wondering if there are any penalties at all for playing Shenanigans with congressional hearings. Seems like you can lie or obfuscate to your heart’s content or even not show up if you feel like it.

Yup. Eric Holder got held in contempt of Congress, but AFAIK, there were no actual consequences to show for it.

[Politico: Holder held in contempt](http://www.politico.com/story/2012/06/holder-held-in-contempt-of-congress-077988)

[Wired: Holder Held in Contempt of Congress, Which Means Almost Nothing](https://www.wired.com/2012/06/holder/)

---

<div class="post-metadata">

**Author:** ![Gyrate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gyrate/32/3588_2.png) [@Gyrate](https://boards.straightdope.com/u/Gyrate)\
**Post date:** [June 12, 2017, 9:55am UTC](https://boards.straightdope.com/t/comey-memo-trump-told-him-shut-down-flynn-probe/786792/737 "2017-06-12T09:55:44Z")

</div>

Harriet Miers likewise got held in Contempt of Congress, as did White House Chief of Staff Joshua Bolton. And Janet Reno before them.

Dick Cheney, however, outright refused to comply with Congressional subpoenas and absolutely diddlysquat happened to him.

---

<div class="post-metadata">

**Author:** ![Fotheringay-Phipps](https://avatars.discourse-cdn.com/v4/letter/f/d9b06d/32.png) [@Fotheringay-Phipps](https://boards.straightdope.com/u/Fotheringay-Phipps)\
**Post date:** [June 12, 2017, 2:07pm UTC](https://boards.straightdope.com/t/comey-memo-trump-told-him-shut-down-flynn-probe/786792/738 "2017-06-12T14:07:45Z")

</div>

Worth noting as a general matter, that it’s true there are no consequences for contempt of congress if it’s a partisan matter and the guy being held in contempt is of the same party which controls the DOJ. So they just won’t prosecute their guy. That doesn’t mean that contempt of congress has no consequences in general.

---

<div class="post-metadata">

**Author:** ![ThelmaLou](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/thelmalou/32/390_2.png) [@ThelmaLou](https://boards.straightdope.com/u/ThelmaLou)\
**Post date:** [June 12, 2017, 3:55pm UTC](https://boards.straightdope.com/t/comey-memo-trump-told-him-shut-down-flynn-probe/786792/739 "2017-06-12T15:55:02Z")

</div>

> [@Fotheringay-Phipps](#):
>
> Worth noting as a general matter, that it’s true there are no consequences for contempt of congress if it’s a partisan matter and the guy being held in contempt is of the same party which controls the DOJ. So they just won’t prosecute their guy. That doesn’t mean that contempt of congress has no consequences in general.

What are some of the consequences or potential consequences?

---

<div class="post-metadata">

**Author:** ![Fotheringay-Phipps](https://avatars.discourse-cdn.com/v4/letter/f/d9b06d/32.png) [@Fotheringay-Phipps](https://boards.straightdope.com/u/Fotheringay-Phipps)\
**Post date:** [June 12, 2017, 3:59pm UTC](https://boards.straightdope.com/t/comey-memo-trump-told-him-shut-down-flynn-probe/786792/740 "2017-06-12T15:59:56Z")

</div>

> **[Contempt of Congress | Statutory proceedings](https://en.wikipedia.org/wiki/Contempt_of_Congress#Statutory_proceedings)**
>
> Following a contempt citation, the presiding officer of the chamber is instructed to refer the matter to the U.S. Attorney for the District of Columbia; according to the law it is the duty of the U.S. Attorney to refer the matter to a grand jury for action.
> The criminal offense of contempt of Congress sets the penalty at not less than one month nor more than twelve months in jail and a fine of not more than $100,000 or less than $100.

[Previous page](https://boards.straightdope.com/t/comey-memo-trump-told-him-shut-down-flynn-probe/786792.md?page=36)

[Next page](https://boards.straightdope.com/t/comey-memo-trump-told-him-shut-down-flynn-probe/786792.md?page=38)
