Comey's testimony points to unrevealed facts/issues....

[Blackhatjack]

According to Comey's testimony in response to Sen Chuck Schumer's questioning:

Comey got the call from Ashcroft's wife that Gonzales and Card were on their way over to her husband's hospital room, and Comey immediately swung into action to intercept them before they could get Ashcroft to sign the illegal Executive Order allowing domestic spying.

What is missing here?

#1 For Comey to react this way, he had to have heard of the President's intended plan to engage in domestic spying on Americans. OR was it a fear of something worse that remains unrevealed?

Another point, Comey called his COS and ordered them to get the FBI to Ashcroft's hospital room pronto before Gonzales and Card arrived. Why order this action if he had no idea why they were on their way over?

#2 And FBI Director Mueller orders his agents to make sure Comey was not removed from Ashcroft's hospital room knowing that Gonzales and Card are on their way over.

It sure sounds like Mueller had a heads up about what was about to come down. And for Mueller to become personally involved in this way, it sure sounds like he and Comey might have discussed such a tactic might be used by the White House.

#3 Card's demand that Comey come to the White House immediately after the hospital room tactic did not work, and Comey's refusal to come without the Solicitor General as a witness, most likely reveals a conversation(maybe heated exchange) occurred at the hospital after Ashcroft refused to sign. (Comey did not testify to this on the record, but he may very well reveal this to the Committee behind closed doors).

#4 Comey and Mueller met separately with the President, but Comey was very clear that only Mueller was told to communicate to Comey that he should 'do the right thing'. And then this bombshell, Comey testified that the President authorized the domestic spying anyway without the DOJ signing off on it. And the program remained in place, fully implemented, for at least 2-3 weeks while the DOJ negotiated with the White House over the proper safeguards that would have to be included to make it legal.

So if Bush wanted Comey to 'do the right thing', why did he not tell Comey face-to-face instead of going through Mueller to deliver that message?

The unrevealed fact here might be that Comey had already told the President that it would be illegal to proceed with his intended plan, and that he would resign rather than be a part of it on behalf of the DOJ. The President had already decided to go forward without Comey and the DOJ signing off on it. But when Mueller told Bush that he and many others would resign if Bush did not change the domestic spying program he was proposing Bush realized that mass resignations would light up Washington like a Christmas tree and draw Press attention before the program could be implemented.

So Bush had to maintain 'plausible deniability' without agreeing to comply with the existing law that Comey was upholding --so he communicates his feigned intention to follow the law by using Mueller to pass on his direction that Comey 'do the right thing.' That prevents Comey from testifying later that Bush promised him in a direct exchange that Bush would follow the law, when Bush fully intended to circumvent the law anyway.

#5 Did Comey fail to reveal in his testimony that he did not believe Bush's implied promise to follow the law by telling him indirectly to 'do the right thing'? Comey did testify that he planned to resign after this meeting and was encouraged to stay on by an Ashcroft aide until Ashcroft was well enough to resign with him at the same time.

#6 Comey was the acting AG while Ashcroft was in the hospital. Comey in that capacity fully empowered Fitzgerald to investigate the Plame leak and to subsequently prosecute Scooter Libby. Comey speaks with Bush.

Was there any discussion with the President regarding Comey's appointment of Fitzgerald and his empowerment of him to investigate the Plame leak and subsequently prosecute Libby?

Does anyone believe that Bush could restrain himself from addressing the Plame investigation with the man who empowered Fitzgerald in this setting?

#7 Comey and Mueller were on the same page, both intending to resign. Comey resigns and Mueller stays on. What happened? What was Mueller told that changed his mind? And what did Comey learn that did not change his mind about resigning? Seems to be a parting of ways between the two on the proper response to this attempted illegal act.

These and other questions naturally arise from the shocking testimony received from Comey so far.

Sometimes there is a timing issue, and the lack of the right questions being asked, that prevents a witness like Comey from revealing all he knows. It would appear that there is lots more fertile ground to plow by the SJC with Comey.

The general rule is when a career employee like Comey stands up to the President of the United States there is a lot more beneath the surface than is publicly revealed.

IMHO there is one whale of a story left to reveal that triggered the events we know about so far.

Stay tuned.

(If I made any factual errors please do us all a favor and point them out. I posted here from memory after reading the liveblogging account, and did not see the actual testimony).