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White House, DOJ miss Senate deadline to provide James Comey memos, records

The White House and Justice Department requested more time to turn over records detailing conversations between President trump and James Comey after missing the deadline. 

<p>Director of the Federal Bureau of Investigation, James Comey testifies in front of the Senate Judiciary Committee during an oversight hearing on the FBI on Capitol Hill May 3, 2017 in Washington, DC.  (Photo by Eric Thayer/Getty Images)</p>

The White House and Justice Department broke a Senate committee's Wednesday deadline to turn over any records detailing conversations between President Trump and James Comey before the FBI director's abrupt firing earlier this month, instead requesting more time to respond to lawmakers' demands.

The Senate Judiciary Committee demanded the records earlier this month after revelations Comey documented his telephone calls and meetings with the president in highly detailed memos – including a February dinner meeting in which Trump allegedly pressed Comey to shut down the FBI's inquiry into former national security adviser Michael Flynn. The contents of the memos were described by a person who has reviewed the documents to news outlets including USA TODAY, but lawmakers are seeking the original text.

The committee also sent a separate request to White House counsel Donald McGahn asking for any audio recordings of the president's interactions with Comey. Trump raised the prospect that secret recordings may exist in tweet following Comey's dismissal – "James Comey better hope that there are no 'tapes' of our conversations before he starts leaking to the press!" Trump tweeted on May 12 – but the White House has since refused to confirm or deny whether the president records his conversations.

"We are still awaiting official responses from both the Justice Department and White House,'' the Senate Judiciary Committee said in a statement late Wednesday.

"The committee is seeking a broad set of material, some of which may be related to the special counsel's investigation, but some of it certainly is not.''

After Comey's abrupt removal and the disclosure of the former director's memos sparked questions about possible obstruction of justice, Deputy Attorney General Rod Rosenstein appointed a special counsel, former FBI Director Robert Mueller, to oversee the FBI's Russia investigation.

Unless the administration seeks to claim that any existing documents cannot be disclosed because they represent "privileged'' communications involving the president, the committee said the "expectation is for the request to be met.''

"Both the White House and the Justice Department have indicated that they need additional time, but gave no indication of when they’d comply with the request,'' according to the committee's statement.

In its request to the Justice Department, committee leaders requested not only Comey's notes of his interactions with Trump – but any others he may have documented of his communications with President Obama.

Should the administration assert privilege, such a claim could set off a separate fight, possibly threatening Comey's expected appearance before the Senate Intelligence Committee. A fight over whether notes and recordings are privileged could further draw the White House deeper into a dispute that already threatens to stall the Trump administration's legislative agenda.

Congress has already had trouble getting some documents for its ongoing investigations. Flynn, who was fired as national security adviser in February after he misled administration officials about his conversations with the Russian ambassador to the U.S., earlier this week rejected a Senate Intelligence Committee subpoena for records of his communications with Russian officials, asserting his Fifth Amendment right against self-incrimination.

The retired Army lieutenant general has figured prominently, along with other former Trump advisers Paul Manafort, Roger Stone and Carter Page, in the FBI's wide-ranging investigation into possible collusion between the Trump campaign and the Russian government.

But the Judiciary panel appears determined. In its initial request for Comey documents, the committee acknowledged some information may not be public.

"We are writing to request that the FBI provide the committee with all such memos, if they exist,'' the committee's May 17 request stated. "We anticipate that some of these documents may be classified, some may not, and others may contain both classified and unclassified information.''

So even as Trump continues on his foreign trip this week, back in Washington the Russia story shows no sign of going away.

Comey is expected to testify before an open session of the Senate Intelligence Committee about his interactions with the president at an open hearing following the Memorial Day holiday. The intelligence panel also is seeking Comey's memos.

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