Three Reasons Trump Is Probably Under Investigation:
1. Comey indicated that the Special Counsel is likely investigating Trump for obstruction of justice.
Senator Burr: In your estimation, was General Flynn, at that time, in serious legal jeopardy? And in addition to that, do you sense that the president was trying to obstruct justice, or just seek for a way for Mike Flynn to save face, given he had already been fired?
Comey: General Flynn, at that point in time, was in legal jeopardy. There was an open FBI criminal investigation of his statements in connection with the Russian contacts and the contacts themselves. And so that was my assessment at the time. I don’t think it’s for me to say whether the conversation I had with the president was an effort to obstruct. I took it as a very disturbing thing, very concerning, but that’s a conclusion I’m sure the special counsel will work towards, to try and understand what the intention was there, and whether that’s an offense.
Comey also said that it was of “investigative interest” for the Bureau to find out “what just happened” during his individual meeting with the President on February 14th.
2. “[T]hat’s a question that will be answered by the investigation”: Comey suggested that Special Counsel Robert Mueller’s investigation will focus on the question of whether President Trump colluded with Russia.
Senator Cotton: Do you believe Donald Trump colluded with Russia?
Comey: That’s a question I don’t think I should answer in an open setting, as I said when I left we did not have an open investigation focused on President Trump, but that’s a question that will be answered by the investigation, I think.
3. McCabe confirmed there either is, or likely to be, a criminal investigation. Acting Director McCabe confirmed yesterday he cannot talk about his conversations with Comey because they are “part of” or “likely to become part of a criminal investigation.”
Senator Jack Reed: Getting back to your rationale for not commenting on the conversations between you and Mr. Comey. It seems to me that what you say is that this is either part of a criminal investigation or likely to become part of a criminal investigation, the conversation between the POTUS and Mr. Comey and therefore you cannot comment. Is that accurate?
Director McCabe: That’s accurate sir.
