In a court filing Thursday, Comey's lawyers asked a judge to throw out a subpoena from the House Judiciary Committee for Comey to appear for a private hearing on his handling of the Russian Federation probe.
Comey's lawyer argued his client will only agree to appear if his testimony is public, and on Friday Kelley accused the committee of trying to keep the testimony secret so lawmakers could selectively leak it to peddle partisan narratives.
House Republicans on the House Judiciary Committee are attempting to interview Comey in regards to why he didn't bring charges against Hillary Clinton for her use of a private email server.
"Try as he might, Mr. Comey may not condition his cooperation with a congressional investigation on the presence of television cameras", Hungar wrote.
In a Monday interview with CNN's Erin Burnett on "Erin Burnett OutFront", Goodlatte rejected Comey's proposition for a public hearing, calling a it "not an appropriate forum" because it could reveal investigative details to other potential witnesses.
The case initially was set to be heard by Judge Timothy Kelly, a Trump appointee, then was reassigned randomly to Judge Trevor McFadden, also a Trump appointee, after Kelly likely recused from the case.
Comey on Thursday also asked the court to stay the testimony scheduled for Monday until it rules on his motion to quash the subpoena - part of what Schickler says could be a strategy to drag out legal proceedings until Democrats take over the committee in the new year and shut down the investigation.
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Guyger had allegedly shot Jean, after she mistook him for an intruder upon entering his apartment after her shift was over. The lights were off inside and when she saw a man's figure, she thought her apartment was being robbed and opened fire.
"The subpoena, which calls for a closed, non-public deposition of Mr. Comey, exceeds a proper legislative goal, is issued in violation of House rules, and unduly prejudices and harasses the witness", Comey's legal team argued in their lawsuit filed on Thursday.
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The fired Federal Bureau of Investigation official revealed over Thanksgiving that he was subpoenaed by lawmakers and demanded he be given the opportunity to testify in public on December 3rd, citing past instances of "leaking and distortion" of testimonies by House Republicans.
A week earlier, Comey tweeted, "I will resist a "closed door" thing because I've seen enough of their selective leaking and distortion".
Comey provided previous testimony to Congress, both in public and in closed-door sessions, twice in 2016 and three times in 2017.
Pavlich said Comey's demand is "enraging", pointing out that regular civilians don't get to negotiate terms if they are subpoenaed by Congress.
Comey was first asked to appear before the joint committee voluntarily but declined, resulting in the subpoena.