Your spin is a good as his-
Mr. Comey. I don't remember the form number, but I signed an
employment agreement, yes.
Mr. Ratcliffe. Okay. Let me hand you a document. Did it
look anything like this one?
Mr. Comey. I mean, I don't know for sure, but I'm sure -- if
you're telling me this is the FBI's nondisclosure employment
agreement form --
Mr. Ratcliffe. I am.
Mr. Comey. -- I signed one that was an FBI employment
nondisclosure agreement.
Mr. Ratcliffe. Well, I'm just trying to set the -- I don't
have your actual employment agreement. I know that you signed
one. But the standard FBI employment agreement states in
paragraph No. 2 that "all information acquired by me in connection
with my official duties with the FBI and all official material to
which I have access remain the property of the United States of
America."
Did I --
Mr. Comey. You read that correctly.
Mr. Ratcliffe. Okay. So that's what I'm trying to
determine, because the record, I think, is clear that, at least
with respect to some of the Comey memos, you shared them with
other people. Is that accurate?
Mr. Comey. Yes. I gave a copy -- the classified one stayed
on the systems, obviously, of the FBI. I gave a copy of all of
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them to my chief of staff and asked him to keep them in his files
at the FBI.
Mr. Ratcliffe. Okay. So other than --
Mr. Comey. These were at the FBI when I left the FBI.
Mr. Ratcliffe. So that would be Jim Rybicki.
Mr. Comey. Correct.
Mr. Ratcliffe. And did you do that while you were still at
the FBI?
Mr. Comey. I believe so, yes.
Mr. Ratcliffe. A Okay.
Mr. Comey. I made two copies. The ones that I had
written -- and, again, the "they" is a problem here. The ones
that I had written that were not classified, in my judgment, I
gave a copy to Rybicki to keep in his files, and I kept a copy in
my personal safe at home.
Mr. Ratcliffe. Okay. Is your personal safe at home, was
that a GSA-approved storage facility?
Mr. Comey. No, not --
Mr. Ratcliffe. Was it a sensitive compartmented information
facility?
Mr. Comey. Was it a SCIF --
Mr. Ratcliffe. Yes.
Mr. Comey. -- my personal safe? No, it was not.
Mr. Ratcliffe. Okay.
So, when you gave these to Jim Rybicki, was that in
89
connection with your departure from the FBI?
Mr. Comey. No. My recollection is I gave them to him
contemporaneous with their creation.
Mr. Ratcliffe. Okay. And that's consistent with what you
testified earlier, that contemporaneous with the creation of many
of these you shared them with senior FBI leadership.
Mr. Comey. Correct.
Mr. Ratcliffe. I want to focus on who outside of FBI
leadership had access to or possession of any of these memos.
Mr. Comey. Okay.
Mr. Ratcliffe. One person that's been identified, at least
publicly, is Daniel Richman. How many of the Comey memos did
Daniel Richman receive, and when did he receive them?
Mr. Comey. Yeah. I'm going to answer that -- I'm not going
to answer communications in connection with my interactions with
my counsel. And so I can answer that in this respect: I sent Dan
Richman images of one memo, the unclassified February 14th memo,
for the purpose of him sharing it with a journalist.
Mr. Ratcliffe. Okay. And when did you do that?
Mr. Comey. In May of -- after I was fired, in May of 2017.
Mr. Ratcliffe. Now, Mr. Richman has had, apparently, a
number of professions. In the public record, he's been identified
by you as a friend, he's been identified by you as a Columbia law
professor, he has been identified as a special government
employee, and I believe he has been identified by you as counsel
representing you. Is that accurate?
Mr. Comey. Yes, he is representing me and has since I was
fired.
Mr. Ratcliffe. Okay. So, when you shared the contents of
the -- or you shared the February 14th memo -- or was it
February 8th?
Mr. Comey. February 14th.
Mr. Ratcliffe. -- February 14th memo with Mr. Richman, in
which capacity did you share it with him?
Mr. Comey. I didn't consider my transmission to him of that
to be an attorney-client communication, which is why I've spoken
about it. And so he was acting then in a personal capacity for me
that I didn't consider to be an attorney responsibility. Full
stop. He's also someone who's been representing me since I
started, and so I've had a variety of communications with him and
other members of my legal team that I'm not going to talk about.
Mr. Ratcliffe. Well, I appreciate you not wanting to talk
about the contents of any conversations with your legal team, but
I think it's entirely appropriate for us to ask about whether or
not members of your legal team received documents that were ever
marked "classified."
Mr. Comey. Yeah, I don't think it's appropriate -- well, you
can ask anything you want. I'm not going to answer questions
about my communications with my lawyers for the purpose of them
providing me legal advice.
91
Mr. Ratcliffe. Do any of your lawyers have security
clearances?
Mr. Comey. I don't know. They all had clearances at various
points in their careers. I don't know the current state of their
clearances.
Mr. Ratcliffe. Well, what I'm really trying to find out,
Director, is: Four of the seven of these memos have been
identified either by you or by the FBI as containing classified
information. And whether they are your counsel or not, I'm trying
to figure out whether or not you provided classified information
to anyone that did not have security clearances.
I don't care about the content of communications that you
had, beyond whether or not you provided classified information to
anyone that did not have appropriate clearances to receive it.
Mr. Comey. I can't -- I'm not going to answer questions
about my communications with my lawyers.
But I want to say, again, what's confusing about when we use
the term "they," four of these memos that I created I created.
They were unclassified at the time I created them. The markings
that are on them now were added months later, and -- but I'm not
going to talk about my communications with my counsel.
Mr. Ratcliffe. I understand that, but I need to ask these
questions.
So did you provide any classified material -- and by that, I
mean material that was classified at the time that you provided it
92
or that was later reclassified or up-classified by the FBI -- to
Daniel Richman?
Mr. Comey. The only answer I can give you is the one I gave
you earlier, that I sent a single unclassified email -- excuse
me -- classified memo to Mr. Richman that was unclassified then
and remains unclassified.
He admits it is classified, then calls it unclassified. These were not documents he could share.
Mr. Ratcliffe. And did you do that while you were still at
the FBI?
Mr. Comey. I believe so, yes.
Mr. Ratcliffe. A Okay.
Mr. Comey. I made two copies. The ones that I had
written -- and, again, the "they" is a problem here. The ones
that I had written that were not classified, in my judgment, I
gave a copy to Rybicki to keep in his files, and I kept a copy in
my personal safe at home.
Mr. Ratcliffe. Okay. Is your personal safe at home, was
that a GSA-approved storage facility?
Mr. Comey. No, not --
Mr. Ratcliffe. Was it a sensitive compartmented information
facility?
Mr. Comey. Was it a SCIF --
Mr. Ratcliffe. Yes.
Mr. Comey. -- my personal safe? No, it was not.
Mr. Ratcliffe. Okay.
So, when you gave these to Jim Rybicki, was that in
89
connection with your departure from the FBI?
Mr. Comey. No. My recollection is I gave them to him
contemporaneous with their creation.
Mr. Ratcliffe. Okay. And that's consistent with what you
testified earlier, that contemporaneous with the creation of many
of these you shared them with senior FBI leadership.
Mr. Comey. Correct.
Mr. Ratcliffe. I want to focus on who outside of FBI
leadership had access to or possession of any of these memos.
Mr. Comey. Okay.
Mr. Ratcliffe. One person that's been identified, at least
publicly, is Daniel Richman. How many of the Comey memos did
Daniel Richman receive, and when did he receive them?
Mr. Comey. Yeah. I'm going to answer that -- I'm not going
to answer communications in connection with my interactions with
my counsel. And so I can answer that in this respect: I sent Dan
Richman images of one memo, the unclassified February 14th memo,
for the purpose of him sharing it with a journalist.
Mr. Ratcliffe. Okay. And when did you do that?
Mr. Comey. In May of -- after I was fired, in May of 2017.
Mr. Ratcliffe. Now, Mr. Richman has had, apparently, a
number of professions. In the public record, he's been identified
by you as a friend, he's been identified by you as a Columbia law
professor, he has been identified as a special government
employee, and I believe he has been identified by you as counsel
90
representing you. Is that accurate?
Mr. Comey. Yes, he is representing me and has since I was
fired.
Mr. Ratcliffe. Okay. So, when you shared the contents of
the -- or you shared the February 14th memo -- or was it
February 8th?
Mr. Comey. February 14th.
Mr. Ratcliffe. -- February 14th memo with Mr. Richman, in
which capacity did you share it with him?
Mr. Comey. I didn't consider my transmission to him of that
to be an attorney-client communication, which is why I've spoken
about it. And so he was acting then in a personal capacity for me
that I didn't consider to be an attorney responsibility. Full
stop. He's also someone who's been representing me since I
started, and so I've had a variety of communications with him and
other members of my legal team that I'm not going to talk about.
Mr. Ratcliffe. Well, I appreciate you not wanting to talk
about the contents of any conversations with your legal team, but
I think it's entirely appropriate for us to ask about whether or
not members of your legal team received documents that were ever
marked "classified."
Mr. Comey. Yeah, I don't think it's appropriate -- well, you
can ask anything you want. I'm not going to answer questions
about my communications with my lawyers for the purpose of them
providing me legal advice.
91
Mr. Ratcliffe. Do any of your lawyers have security
clearances?
Mr. Comey. I don't know. They all had clearances at various
points in their careers. I don't know the current state of their
clearances.
Mr. Ratcliffe. Well, what I'm really trying to find out,
Director, is: Four of the seven of these memos have been
identified either by you or by the FBI as containing classified
information. And whether they are your counsel or not, I'm trying
to figure out whether or not you provided classified information
to anyone that did not have security clearances.
I don't care about the content of communications that you
had, beyond whether or not you provided classified information to
anyone that did not have appropriate clearances to receive it.
Mr. Comey. I can't -- I'm not going to answer questions
about my communications with my lawyers.
But I want to say, again, what's confusing about when we use
the term "they," four of these memos that I created I created.
They were unclassified at the time I created them. The markings
that are on them now were added months later, and -- but I'm not
going to talk about my communications with my counsel.
Mr. Ratcliffe. I understand that, but I need to ask these
questions.
So did you provide any classified material -- and by that, I
mean material that was classified at the time that you provided it
92
or that was later reclassified or up-classified by the FBI -- to
Daniel Richman?
Mr. Comey. The only answer I can give you is the one I gave
you earlier, that I sent a single unclassified email -- excuse
me -- classified memo to Mr. Richman that was unclassified then
and remains unclassified.
To the extent Mr. Richman was part of my legal team, I'm not
going to talk beyond that about communications with my lawyers.
Mr. Ratcliffe. Same question as to Mr. Kelley. Did you
provide classified information to David Kelley?
Mr. Comey. Same answer.
Mr. Ratcliffe. Did you provide classified information to
Patrick Fitzgerald?
Mr. Comey. Same answer.
Mr. Jordan. Can I ask one question?
Mr. Ratcliffe. Sure.
Mr. Jordan. Was the February 14th memo the only one you gave
Mr. Richman?
Mr. Comey. I'm not going to answer questions about
communications I had with Mr. Richman in his role as a member of
my legal team.
I gave Mr. Richman a single unclassified memo, the
February 14th memo, in late May, with the understanding that he
would communicate it publicly. So I didn't consider that to be an
attorney-client communication, because I expected it to be
93
communicated publicly.
Mr. Meadows. Director Comey, let me ask one followup there.
When you gave those to these three individuals, I guess, that are
part of your legal team now, were they part of your legal team
then?
Mr. Comey. I didn't say I gave anything to three
individuals. I'm not commenting one way or the other about any
communications with my lawyers.
Mr. Meadows. So did you give anything to any of the three
individuals that Mr. Ratcliffe mentioned prior to them being your
attorney?
Mr. Comey. I'm not going to confirm -- I'm not saying I gave
anything to my lawyers. I'm just not touching communications with
my lawyers.
Mr. Meadows. Because there's an attorney-client privilege,
but that doesn't exist if they were not your attorneys at the
time.
Mr. Comey. Here's what I can do. Before the time those
three individuals became my legal time, which was at the time I
was fired, I had no communications of any kind in which I shared
FBI documents or my personal aide-memoire with them.
Mr. Meadows. So you hired them within hours of you being
fired. That's your testimony here today.
Mr. Comey. I'm not going to answer as to the specifics. But
they were my legal team from shortly after I was fired.
94
Mr. Meadows. Well, you understand why there's an importance
of the timeframe, don't you, Director Comey?
Mr. Comey. No, I don't, but I'm not going to talk about the
timeframe.
Mr. Meadows. All right. I'll yield back.
Mr. Ratcliffe. Director Comey, we're focusing on the sharing
of classified information, which, of course, can be a violation of
the law, but it can also be a violation of your employment
agreement if you share nonpublic unclassified information.
Correct?
Mr. Kelley. We're here to answer questions about decisions
not made and made by DOJ and the FBI in connection with the
Hillary Rodham Clinton investigation and the Russian
investigation. This is talking about his firing. Can you explain
the relevance of these questions? Because if this continues,
we're just going to call it a day.
And where, pray tell, does Comey claim that anything said between the president and the FBI director were classified?
Just bold that portion for us.