GOP senators: Comey drafted statement clearing Clinton before her interview
Former FBI Director James Comey began drafting a statement rejecting the idea of criminal charges against Democratic presidential candidate Hillary Clinton over her private email account about two months or more before Clinton was interviewed in the FBI probe, according to partial transcripts of interviews released Thursday by two Republican senators.
Senate Judiciary Committee Chairman Chuck Grassley and Sen. Lindsey Graham said they obtained the transcripts from the Office of Special Counsel, a government watchdog agency that launched an investigation into whether Comey's actions violated a federal law against government employees engaging in political activity while on duty.
In a letter sent Wednesday to Comey's successor, FBI Director Christopher Wray, Grassley and Graham said Comey's move to start preparing the statement sometime in April or early May reflected a premature conclusion that Clinton shouldn't be charged.
"Conclusion first, fact-gathering second—that’s no way to run an investigation. The FBI should be held to a higher standard than that, especially in a matter of such great public interest and controversy," Grassley and Graham wrote as they demanded all FBI records of the drafts Comey prepared as well as other materials related to the OSC probe.
Grassley and Graham said the OSC—a permanent, independent executive branch agency unrelated to Special Counsel Robert Mueller's Trump-Russia probe—shut down its investigation after Comey was fired in May by President Donald Trump. That's because the key law prohibiting use of an official position for political purposes, the Hatch Act, is not a criminal statute. As a result, there's no action that can be taken against people who are no longer government employees.
A spokeswoman for the Office of Special Counsel declined to comment on the senators’ claims or to discuss the agency’s inquiry into Comey’s conduct.
An FBI spokeswoman confirmed receipt of the senators' letter and said the agency will provide any response to the lawmakers' directly.
On Friday morning, Trump jumped on the disclosure as evidence that the fix was in on the Clinton email probe from the beginning.
“Wow, looks like James Comey exonerated Hillary Clinton long before the investigation was over...and so much more," he tweeted. "A rigged system!”
White House press secretary Sarah Huckabee Sanders said Thursday that if the senators' claims are true, they support Trump's decision to dismiss Comey.
"If it is as accurate as they say it is, that would certainly give cause and reason that Jim Comey was not the right person to lead the FBI," Sanders said, before urging reporters to dig into the story.
Congressional Republicans have long suspected that Comey had already decided Clinton would not be charged when a team of FBI agents and prosecutors met with her for three-and-a-half hours at FBI headquarters on Saturday, July 2, 2016. Comey's unusual and controversial public statement concluding the investigation came just three days later, on the Tuesday following the Independence Day holiday.
However, the senators say the OSC interviews indicate Comey began drafting the statement at least six weeks earlier, well before FBI agents finished interviewing key witnesses in the investigation, including Clinton lawyers Cheryl Mills and Heather Samuelson, State Department tech aide Bryan Pagliano and State information technology manager John Bentel.
At a House hearing last September, Comey vehemently denied any decision had been made not to charge Clinton before the July 2 interview. He was not asked when he began preparing his public statement.
"If colleagues of ours believe I am lying about when I made this decision, please urge them to contact me privately so we can have a conversation about this," Comey said. "All I can do is tell you again, the decision was made after that because I didn't know what was going to happen in that interview."
The then-FBI chief said it was possible Clinton might lie in the interview, although he also said there was no indication she did.
The GOP senators referred to Comey's statement as "exonerating" Clinton, but it was so critical of her and her aides that it subsequently led Democrats to write to the Office of Special Counsel to seek a probe of whether his comments were intended to damage her prospects in the presidential race.
Updated 09/01/2017 08:12 AM EDT

Surprise! - The decision to let Clinton off the hook was made before the evidence was in.
No surprise! This is a huge vat of Republican Bull Shit. Not only does the actual chain of events show that Comey did no such thing but it looks like these POSs must have thought we'd forgotten what Comey did on ten days before the election to cost Clinton that election.
The investigation was a farce. Disgraceful.
The investigation was a farce. Disgraceful.
You're right about that. It was politically motivated from the get-go. Both republican-run congressional committees "investigating"* it came up with bupkis and they spent more time and money on it than the DoJ did.
*i.e., witch-hunting
What are you talking about?
Did you pay attention to what she originally claimed and what the investigations proved? Everything she claimed was a lie.
She lost the election because her use of a private, unsecured server to handle classified information and avoid required oversight cost her the election. Those investigations demonstrated to the public how incredibly dishonest she was.
And, the beat goes on! The Clinton are a mafia unto themselves with an entourage of minions with their hands out waiting for the crumbs. And, Comey, what in the crap was his problem?
Not only does the actual chain of events show that Comey did no such thing
WRONG - the office of special counsel say's he did:
Senate Judiciary Committee Chairman Chuck Grassley and Sen. Lindsey Graham said they obtained the transcripts from the Office of Special Counsel, a government watchdog agency that launched an investigation into whether Comey's actions violated a federal law against government employees engaging in political activity while on duty.
It was politically motivated from the get-go.
It certainly was - starting with giving immunity to people for no reason.
Isn't it odd that the Obama justice department investigated Clinton, the IRS and Benghazi, yet Trump has an independent investigation going on without even a crime being committed?
And, Comey, what in the crap was his problem?
He seemed to flow with the political winds. He almost had us believing he was the last honest man, didn't he?
Another person that was to testify against Hillary and Bill was found dead in the Potomac.
I think Bill & Hillary may have gone to school with Vito Genovese