Comey: I don't know why Mueller didn't subpoena Trump

Former FBI Director James ComeyJames Brien ComeyComey: Biden should consider pardoning Trump Comey: 'Greatest punishment' for Trump after Capitol riot is to 'move past' his presidency Comey argues Trump shouldn't be prosecuted after leaving Oval Office MORE questioned Wednesday why special counsel Robert MuellerRobert (Bob) MuellerWhy a special counsel is guaranteed if Biden chooses Yates, Cuomo or Jones as AG Barr taps attorney investigating Russia probe origins as special counsel CNN's Toobin warns McCabe is in 'perilous condition' with emboldened Trump MORE did not subpoena President TrumpDonald TrumpIran convicts American businessman on spying charge: report DC, state capitals see few issues, heavy security amid protest worries Pardon-seekers have paid Trump allies tens of thousands to lobby president: NYT MORE during his nearly two-year-long investigation into Russian election interference and possible collusion between the Trump campaign and Moscow.

Asked by NBC's Lester Holt if he ever questioned why Mueller did not subpoena Trump, Comey responded “Yes, I do.”

“And I don’t know the answer to that,” he added. 


Comey's comments came days after Mueller submitted his investigation's findings to the Justice Department. 

In a four-page memo presented to Congress on Sunday, Attorney General William BarrBill BarrJustice Dept. blasts Mexico's decision to close probe of former defense minister Acting attorney general condemns Capitol riots, warns 'no tolerance' for violence at Biden inauguration Barr, White House counsel told Trump not to self-pardon: report MORE said Mueller's probe did not find sufficient evidence to conclude the Trump campaign had coordinated with Russia. Mueller's report, he said, did not exonerate Trump.

Trump was not interviewed by Mueller during the sweeping 22-month long probe, despite the special counsel's office seeking a sit-down with the president for more than a year. The president instead submitted written answers to certain questions from Mueller related to the Russia investigation in November.

Comey said Tuesday that he found it "confusing" that Mueller decided not to determine whether Trump was guilty of obstruction of justice.

"The notion that obstruction cases are somehow undermined by the absence of proof of an underlying crime, that is not my experience in 40 years of doing this, nor is it the Department of Justice's tradition. Obstruction crimes matter without regard to what you prove about the underlying crime," Comey said.

Comey led the Russia probe before Trump fired him in May 2017.