DOJ: Releasing James Comey memos would 'impair' Russia probe

Kevin Johnson | USA TODAY

Show Caption Hide Caption Trump suggests his 'tapes' tweet was to keep Comey honest The president told 'Fox & Friends' he thinks former FBI Director James Comey changed his story on the Russia probe after the tweet came out. Video provided by Newsy

WASHINGTON – There may be more the public doesn't know about former FBI Director James Comey's private conversations with President Trump.

That's the strong suggestion from the Justice Department, as it argues against releasing the memos Comey wrote about his conversations with Trump to media organizations. In court filings on Wednesday, the department hinted that the documents include information that was not part of the ex-FBI chief's public testimony before a Senate panel earlier this year.

Several media organizations, including USA TODAY's parent company Gannett, are suing the government for release of the documents, including Trump's alleged requests for Comey's personal "loyalty" and to drop his investigation into former national security adviser Michael Flynn.

Yet Justice is arguing that disclosure of the communications "might prematurely reveal... the nature, scope, direction and focus of its investigations" involving Russia's interference in the 2016 election.

The memos outline Comey's nine contacts with the president, parts of which the former director made public prior to his June testimony before the Senate Intelligence Committee.

Trump fired Comey May 9 for the director's handling of the Russia inquiry, which is exploring whether the Trump campaign coordinated with the Russian government. Since Comey's firing, the investigation – now under the control of special counsel Robert Mueller – has also been reviewing whether Trump sought to obstruct the investigation by firing Comey.

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"There remains much that is uncertain about the memos' exact contents, including the level of detail in the memos, the extent to which they corroborate Mr. Comey's testimony, and the extent to which they contain information that was not the subject of his testimony," Justice lawyers stated. "The extent to which they contain information that was not the subject of his testimony and official disclosure or confirmation of any of this information could reasonably be expected to impair the ongoing investigation."

The FBI and the special counsel, according to Justice lawyers, have "determined that the disclosure of these records at the current time, while this sensitive and high-profile investigation remains ongoing, would be reasonably expected to to adversely affect the integrity of that investigation."

Justice officials argued that the fact that some details contained in the records have been disclosed should not open the door to full public disclosure.

Among the details outlined in Comey's June testimony was the Jan. 27 dinner at which Trump allegedly told the then-FBI chief: "I need loyalty, I expect loyalty."

"I didn't move, speak or change my facial expression in any way during the awkward silence that followed," Comey later said of the incident. "We simply looked at each other in silence."

Another encounter documented by Comey, a Feb. 14 meeting where Trump allegedly asked Comey to dump the Flynn investigation, could take on added significance in wake of a recent Trump tweet.

Flynn pleaded guilty last week to a charge of lying to the FBI about his contacts with Russian Ambassador Sergey Kislyak. Shortly after, Trump tweeted that he knew Flynn had lied both to administration officials and FBI agents when he fired the former three-star Army general Feb. 13.

Trump attorney John Dowd has since said that he authored the tweet, not the president. But if Trump did know that Flynn had lied, it raises questions about whether Trump intended to obstruct the Flynn investigation when he asked Comey to drop it.

Trump has denied that he asked Comey to drop the investigation.

But Dowd suggested Monday it wouldn’t even matter if he had – because a president cannot obstruct justice by telling the FBI how he hopes a criminal investigation will be resolved.

“He is the chief law enforcement officer of the United States,” Dowd said in an email to USA TODAY. “He has more power and discretion on that matter that DOJ and FBI put together. He cannot obstruct himself!”

More: Trump's lawyers mount a new defense: A president can't obstruct justice. Is that true?