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Fox News correspondent Ed Henry misleadingly recounted May 3 testimony provided by then-FBI Director James Comey during a Senate Judiciary Committee hearing to falsely suggest that Comey had lied under oath. Henry’s flawed version of Comey’s responses to a Republican senator’s line of questioning mirrors a May 12 Breitbart.com article, which made the same misinformed suggestion.
On the June 11 edition of Fox News’ MediaBuzz, Henry quickly rattled off a series of questions posed to then-FBI Director James Comey by Senate Judiciary Committee chairman Sen. Chuck Grassley (R-IA) during a May 3 hearing. After quoting Grassley’s questions from a transcript, Henry then paraphrased Grassley, claiming the senator asked Comey “whether he had allowed others to leak anything,” to which Comey responded, according to Henry’s erroneous account of the May 3 hearing, “no, no, no.” Henry suggested that this supposedly misleading testimony from Comey stood as evidence that the ousted FBI director was no “white knight” before claiming that Comey seemed “like someone who had been leaking a lot before”:
ED HENRY: This idea that he's a white knight, this idea that oh he's shocked, shocked by leaks. I went back and looked at the record, and I think a lot of people have missed this. May 3, he was under oath, Senate Judiciary Committee before he was fired, and James Comey was asked by Chuck Grassley, "have you ever been an anonymous source in news reports about matters related to the Trump investigation or Clinton investigations?" "Never." Followed up, "have you ever authorized someone else at the FBI to leak information in either of those?" He says, "No." And then finally he said, "are you aware of any classified information related to the president or his associates leaking out?" "Not to my knowledge." This was before he got fired. "Not to my knowledge” is kind of an odd answer, number one. But number two, the idea that Grassley asked him whether he had allowed others to leak anything, and he said, under oath, "no, no, no."
Hang on a second. Now, the playbook according to James Comey in this latest hearing is, "I can use somebody over at Columbia." You didn’t really believe that was the first time James Comey did that? It sounded like someone who had been leaking a lot before.
In fact, according to a transcript from the May 3 Senate Judiciary Committee hearing, Comey, under oath, did not answer misleadingly to a broad question that Henry claims was posed to him by Grassley about “whether he allowed others to leak anything.” Comey only specifically denied that he: 1) was “an anonymous source in news reports about matters relating to the Trump investigation;” 2) that he “ever authorized someone else at the FBI to be an anonymous source in news reports about the Trump investigation;” and 3) that “any classified information relating to President Trump or his ... associates [had] been declassified and shared with the media”:
SEN. CHUCK GRASSLEY: Director Comey, have you ever been an anonymous source in news reports about matters relating to the Trump investigation or the Clinton investigation?
JAMES COMEY: Never.
GRASSLEY: Question two, relatively related, have you ever authorized someone else at the FBI to be an anonymous source in news reports about the Trump investigation or the Clinton investigation?
GRASSLEY: Has any classified information relating to President Trump or his association — associates been declassified and shared with the media?
COMEY: Not to my knowledge.
On June 8, Comey testified to the Senate Select Committee on Intelligence that he used “a good friend … who’s a professor at Columbia Law School” to provide information to The New York Times. Comey was not the anonymous source, nor was “someone else at the FBI,” and Comey established in his June 8 testimony, during a back and forth with Sen. Mark Warner (D-VA), that the information eventually provided to the Times by an intermediary was not classified material. And of course, this New York Times report was published on May 11, a week after Comey’s Senate Judiciary Committee testimony, and two days after Trump fired him as FBI director.
Suggesting that Comey lied under oath in response to Grassley’s line of questioning is false, and Henry’s misconstrued paraphrasing of Grassley’s question matched earlier attempts to defame Comey from Breitbart.com and other fake news purveyors.