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White House says chief of staff not wrong to talk to FBI

Sean Spicer

White House Press Secretary Sean Spicer is seen on television broadcast monitors as he speaks to the media during the daily briefing in the Brady Press Briefing Room of the White House in Washington, Tuesday, Jan. 24, 2017. (Photo from AP)

WASHINGTON — The White House on Friday defended chief of staff Reince Priebus against accusations he breached a government firewall when he asked FBI Director James Comey to publicly dispute media reports that Trump campaign advisers had been frequently in touch with Russian intelligence agents.

President Donald Trump’s spokesman, Sean Spicer, argued Priebus had little choice but to seek Comey’s assistance in rebutting what Spicer said were inaccurate reports about contacts during last year’s presidential campaign. The FBI did not issue the statement requested by Priebus and has given no sign one is forthcoming.

“I don’t know what else we were supposed to do,” Spicer said.

The Justice Department has policies in place to limit communications between the White House and the FBI about pending investigations. Trump officials on Friday not only confirmed contacts between Priebus and the FBI, but engaged in an extraordinary public airing of those private conversations.

Spicer said it was the FBI that first approached the White House about the veracity of a New York Times story asserting that Trump advisers had contacts with Russian intelligence officials during the presidential campaign. Spicer said Priebus then asked both FBI Director James Comey and Deputy Director Andrew McCabe if they would condemn the story publicly, which they declined to do.

“The chief of staff said, well, you’ve put us in a very difficult situation,” Spicer said. “You’ve told us that a story that made some fairly significant accusations was not true. And now you want us to just sit out there.”

The FBI would not comment on the matter or verify the White House account. The CIA also declined to comment.

The White House also enlisted the help of Republicans on Capitol Hill to talk to reporters about the New York Times story. Jack Langer, a spokesman for Rep. Devin Nunes (Republican-California), the chairman of the House intelligence committee, said the White House asked Nunes to speak with one reporter.

He said the chairman told the journalist the same thing that he has said publicly many times before — that he had asked but not received any information from intelligence officials that would warrant a committee investigation of any American citizens’ contacts with Russian intelligence officials.

Langer acknowledged that this could make it harder to convince people that the House investigation into the matter will be independent and free of political bias, but he said the White House did not tell Nunes what to tell the reporter, or give him “talking points.”

The ranking Democrat on the committee, California Rep. Adam Schiff (Democrat-California), said if the White House indeed contrived to have intelligence officials contradict unfavorable news reports, it threatens the independence of the intelligence community.

“Intelligence professionals are not there to serve as the president’s PR firm,” Schiff said, adding, “For its part, the intelligence community must resist improper efforts like these by the administration to politicize its role.”

The Washington Post reported Friday that the chairman of the Senate intelligence committee also was enlisted by the White House. The newspaper quoted Sen. Richard Burr (Republican-North Carolina), saying he had conversations about Russia-related news reports with the White House and engaged with news organizations to dispute articles by The New York Times and CNN.

The ranking Democrat on the Senate intelligence committee, Mark Warner of Virginia, said Friday night that he had called CIA Director Mike Pompeo and Burr to express his “grave concerns about what this means for the independence” of the congressional investigation already underway.

Warner said he emphasized to the two that he would “not accept any process that is undermined by political interference.” He said if the Senate intelligence committee cannot conduct a proper probe, he will support whomever can do it.

Friday’s revelations were the latest wrinkle in Trump’s already complicated relationship with the FBI and other intelligence agencies. He’s accused intelligence officials of releasing classified information about him to the media, declaring in a tweet Friday morning that the FBI was “totally unable to stop the national security ’leakers’ that have permeated our government for a long time.”

House Democratic Leader Nancy Pelosi accused Priebus of “an outrageous breach of the FBI’s independence” and called on the Justice Department’s inspector general to look into all conversations Priebus and other White House officials have held with the FBI on ongoing investigations.

“The rule of law depends on the FBI’s complete independence, free from political pressure from the targets of its investigations,” Pelosi said.

A 2009 memo from then-Attorney General Eric Holder said the Justice Department is to advise the White House on pending criminal or civil investigations “only when it is important for the performance of the president’s duties and appropriate from a law enforcement perspective.”

Ron Hosko, a retired FBI assistant director who oversaw criminal investigations, said the discussions between the FBI and the Trump White House were inadvisable.

“It is a very slippery slope,” Hosko said. “Do I get in the position of where I’m updating the White House on my priority criminal cases? The answer is no, I should not be doing that.”

Other FBI veterans said the interactions between Priebus and the FBI were not unprecedented. Robert Anderson, a retired executive assistant director who served under Comey and oversaw counterintelligence investigations, said contacts between the bureau and White House are “usually very-well documented” in order to avoid the perception of inappropriate contacts.

CNN first reported that Priebus had asked the FBI for help, and a White House official confirmed the matter to The Associated Press Thursday night. On Friday morning, two other senior White House officials summoned reporters to a briefing to expand on the timeline of events.

The White House officials would only discuss the matter on the condition of anonymity. Two hours later, Trump panned news stories that rely on anonymous sources, telling a conservative conference that reporters “shouldn’t be allowed to use sources unless they use somebody’s name.”

Spicer later briefed some reporters on the record. The Associated Press declined to participate in that briefing because some major news organizations were not invited, but audio of the briefing was later circulated by reporters who attended.

Trump has been shadowed by questions about potential ties to Russia since winning the election. U.S. intelligence agencies have concluded that Russia meddled in the campaign in an effort to help Trump defeat Democrat Hillary Clinton.

On Feb. 14, The New York Times reported that intelligence agencies had collected phone records and call intercepts showing frequent communication between Trump advisers and Russian intelligence agents during the campaign. Trump has said he is not aware of such contacts.

The White House says Priebus was holding a previously scheduled meeting with McCabe the morning after the Times story was published. According to Spicer, McCabe told Priebus in “very colorful terms” that the report was inaccurate, prompting the chief of staff to ask if the FBI would make its view known publicly.

Spicer said McCabe told the White House the bureau did not want to be in the practice of rebutting news stories. A similar message was conveyed to Priebus later in the day by Comey, according to the White House spokesman.

The White House said McCabe and Comey instead gave Priebus the go-ahead to discredit the story publicly, something the FBI has not confirmed.

Priebus alluded to his contacts with the FBI over the weekend, telling Fox News that “the top levels of the intelligence community” had assured him that the allegations of campaign contacts with Russia were “not only grossly overstated but also wrong.”

During the campaign, Trump and other Republicans strongly criticized a meeting between Attorney General Loretta Lynch and former President Bill Clinton, husband of Trump’s general election opponent. The meeting came as the FBI — which is overseen by the Justice Department — was investigating Hillary Clinton’s use of a private email address and personal internet server.

Spicer said he was not aware of an FBI investigation into Trump campaign advisers’ contacts with Russia. Administration officials have acknowledged that the FBI interviewed ousted national security adviser Michael Flynn about his communications with Russia’s ambassador to the US during the transition.

Flynn was fired after it was revealed that he misled Vice President Mike Pence and other White House officials about the content of those conversations. –Julie Pace

* * *

Associated Press writers Deb Riechmann, Eric Tucker, Vivian Salama, Jill Colvin and Ken Thomas contributed to this report.

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