[Comey’s General Counsel At The FBI — James Baker — Testified Privately That He Originally Believed It Was Appropriate To Charge Hillary Clinton With Mishandling Classified Information
Comey Hearing 7 December 2018 (pp. 224-31)]
Mr. Ratcliffe. p. 166, the bottom paragraph: Baker told the OIG that he thought the conduct of former Secretary Clinton and her aides was appalling with respect to how they handled classified information, and arrogant in terms of their knowledge and understanding of these matters. Did I read that correctly?
Mr. Comey. Yes, sir….
Mr. Ratcliffe. All right. So I guess as I try and summarize what I've heard today, Hillary Clinton mishandled classified information more than a hundred times. She made false statements about it. The FBI was aware that at least one of her aides also mishandled classified information. And one of the folks employed on behalf of Secretary Clinton intentionally destroyed evidence known to be subject to a congressional subpoena and preservation order and lied to the FBI about it. And on July 5th, 2016, you stood before the American people and said that neither you nor any reasonable prosecutor would bring any charges in this fact pattern. Is that accurate?
Mr. Comey. Yep. I believed it then, I believe it now. And anybody that thinks we were on team Clinton trying to cut her a break is smoking something.
Mr. Ratcliffe. I'll object to everything after "yep" as nonresponsive to my question. But is Jim Baker a reasonable prosecutor?
Mr. Comey. Yeah, I think he is. He hasn't done a lot of criminal prosecution, he's in the intelligence world, but I think he's a reasonable prosecutor.
Mr. Ratcliffe. Do you recall what Jim Baker's response was on May the 2nd when you presented him with the non-pros memo or exoneration memo about whether or not Hillary Clinton should be charged with mishandling classified information?
Mr. Comey. You mean my draft of a possible public statement?
Mr. Ratcliffe. Yes.
Mr. Comey. I don't remember exactly. He was a big part of the editing process….
Mr. Ratcliffe. Mr. Comey, I want you to have the benefit p. 230 of the transcript. I highlighted my exchange with Mr. Baker on page -- ….
Mr. Comey. Where are we? I'm sorry, sir.
Mr. Ratcliffe. Page 152. I asked the question: "All right. And I have reason to believe that you originally believed it was appropriate to charge Hillary Clinton with regard to violations of the law, various laws, with regard to the mishandling of classified information. Is that accurate?" Mr. Baker's answer was "yes". Did you find that?
Mr. Comey. I'm reading the rest where he explains.
Mr. Ratcliffe. He does, and I will just – the conversation continues, as you'll see, that he explained that you persuaded him that Hillary Clinton should not be charged after reviewing a binder of emails….
Mr. Ratcliffe. So my question -- I read the question and the answer. The question was to “Mr. Baker: I have reason to believe that you originally believed it was appropriate to charge Hillary Clinton with regard to violations of the law, various laws, with regard to the mishandling of classified information.” Is that accurate? And his response was “yes”….
Mr. Ratcliffe. … Do you recall, Director Comey, having a conversation with Mr. Baker about this issue?
Mr. Comey. I don't...
(House Judiciary Committee)