Trump Legal Team: "Unprecedented In Our History" For FBI Director To Be Leaker

Jay Sekulow, a Fox News contributor and member of President Trump's private legal team, speaks about allegations made under oath by former FBI director Comey. <blockquote>JAY SEKULOW, MEMBER OF TRUMP LEGAL TEAM: I have no idea what the context of that call was or was going to be. And I can't speculate on that. But I would say at the outset, George, and you raised this, the issue of the leak from James Comey to his friend at Columbia Law School, that was ultimately leaked to The New York Times, is unprecedented. I mean, I want everyone to be thinking about this. The current -- then current FBI director took contemporaneous notes, put them on a form, used government facilities to do that. If an FBI agent does that, they usually fill out a form 302. Could you imagine what would happen if an FBI agent then leaked that form 302 out to The New York Times, what the allegations would be? So this was an unprecedented move. And Preet mentioned the issue of executive privilege. The president and the administration wasn't -- they did not invoke executive privilege on this hearing, but on these documents they didn't know what the contents were. It may well -- I would assert I'm sure it was executive privilege. But James Comey never gave anyone the opportunity to determine if that was going to be the case. STEPHANOPOULOS: But didn't the president waive any... SEKULOW: They were not known and they were leaked. STEPHANOPOULOS: ... privilege once he talked about the meetings? That's what the tweet about the tapes was about. SEKULOW: Those two don't actually relate. The executive privilege follows on any conversation the president had in deliberate process. So, again, there was only -- you know, neither you nor I nor Preet are privy to that conversation. But you have to say -- I think anybody looking at this case honestly, has to say there were three things that took place here. One, it was made very clear from the FBI director on multiple occasions that the president had not been and was not under investigation for obstruction of justice. He made that very clear in his written testimony, which is by the way part of the record. And number two, and I think, again, the unprecedented nature of this, that there were no evidence, and you've had other people on this program, including senators, members of the intelligence community, said there has been no evidence of collusion. So you look at the issue and say then what is the role of the special counsel here? And the special counsel allowed James Comey to testify. James Comey said he reviewed his testimony with the special counsel. And you wonder if -- it's unusual to me and I've done a lot of cases for 40 years of practicing law almost, and at the highest levels including the Supreme Court, that you have a situation, I think this is unprecedented, where the testimony was reviewed. It was then discussed. And then it was -- part of that testimony, a large part was based on leaked information. STEPHANOPOULOS: So are you suggesting there -- are you suggesting there that you and the president and the president's legal team don't have confidence in Robert Mueller to conduct a fair investigation? SEKULOW: No, what we're saying is this, look, I mean, Marc Kasowitz is the lead lawyer in this case and is in charge of the legal team, has said clearly that he is putting forward a legal team and a legal defense that will address all of the issues. But I think that the unusual situation here, this is unprecedented in our history, is that the former executive -- the former FBI director was the source of a leak. I mean, George, you know, we've all been concerned about leaks and here he was the source of that leak. And I mean, I think Dianne Feinstein was a bit shocked on this. I think others were. This was not a partisan issue. This was a... (CROSSTALK) SEKULOW: ... of information. STEPHANOPOULOS: You just heard Preet Bharara say that it might not have been the best way to do that, but let's go to underlying... (CROSSTALK) STEPHANOPOULOS: ... that he said, you're cherry-picking. One on the one hand, you say you believe James Comey when he talks about telling the president that he's not under investigation, but the president is denying that James Comey is telling the truth about the Oval Office meeting on February 14th, about his dinner with the president. The president saying he's not telling the truth there. So do you believe -- remember, James Comey was under oath. Do you believe that the DoJ should pursue perjury charges against James Comey? SEKULOW: I think that what -- James Comey has made misstatements to the House and Senate on multiple times during the investigation into Secretary Clinton where he had to go back -- and you know this, George, and had to go back and correct his testimony. In this very last hearing, he was asked a question regarding the recusal of the attorney general of the United States, Jeff Sessions. He made a statement that he was not aware of any memorandums explaining that addressed to him. And the Department of Justice released that on March 2nd, I believe the date was, that in fact a memorandum was sent to the FBI director explaining the basis of the recusal. So, I mean, I'm going to lay it on as I would look at it as a lawyer if I was preparing a Supreme Court case. And I think that James Comey's credibility has been brought into question on multiple occasions during the Clinton investigation and here. Look, that's ultimately the special counsel has to weigh that as he makes -- does his investigation, but I think it raises serious issues. STEPHANOPOULOS: The president could clear this all up if he released the tapes. Does he have them? Will he release them? SEKULOW: The president said he is going to address the issue of the tapes, whether the tapes exist or not, next week. That's a decision that the president will make in consultation with his chief lawyer Marc Kasowitz, and that the president said he'll address it next week. But here's the one thing that's clear, right now what do you have? A leaked memo that was leaked to The Washington Post, allegedly because he read in The New York Times or he read the tweet, but yet, you know, what's also interesting is, much of the content of what appeared to be in that memorandum was actually in The New York Times the day before. And then James Comey made this statement, which I find also troubling. He said he issued the release or the disclosure, or I would say, leak of the information through his friend, not even directly, through his friend in order to draw a special counsel. And the next day he got one.</blockquote>