Comey shares how he'd prosecute Trump: 'You are obligated to tell the truth'

  • Former FBI Director James Comey responded on Monday to President Donald Trump's multiple suggestions that he should be jailed and shared how he'd prosecute Trump.
  • Comey doesn't think much of Trump's suggestions that he should get jail time for his handling of investigations into Hillary Clinton and the Trump campaign.
  • If Comey were prosecuting Trump, he said he'd let him know that any failure to tell the truth would come at his own peril.

Former FBI Director James Comey responded on Monday to President Donald Trump's multiple suggestions that he should be jailed and said the president he should submit to questioning by the special counsel Robert Mueller, who is investigating Trump's possible collusion with Russia.

"It is hard in almost all investigations to imagine getting to that without some interaction with the subject," Comey said at an event presented by and reported on by the news website Axios. "But whether [Mueller] gets it or not, I hope he's free to get to the truth."

Comey's comments come after The New York Times published what it described as an outline of the 49 questions Mueller would ask Trump in a hypothetical interview.

Mueller wants to know what the president had in mind when he tweeted about Comey, the attorney general Jeff Sessions, and deputy FBI director Andrew McCabe, according to The Times.

RELATED: Key Trump officials, advisers of note in the Russia probe

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Key Trump officials, advisers of note in the Russia probe
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Key Trump officials, advisers of note in the Russia probe

Tom Barrack

The close friend to Donald Trump and CEO of private equity firm Colony Capital recommended that Trump bring in Paul Manafort for his presidential campaign.

R. James Woolsey

Woolsey, the former director of the Central Intelligence Agency (CIA), has cooperated with Mueller's investigation and worked with Michael Flynn and was present at a meeting where they discussed removing the controversial Turkish Muslim cleric Fetullah Gulen from US soil. 

(Christopher Goodney/Bloomberg via Getty Images)

The former senior Trump campaign official and White House adviser was present and crucial during the firings of Michael Flynn and James Comey.

The former head of the Trump transition team following the 2016 election has said previously that he believes he was fired due to his opposing the hiring of Michael Flynn as national security adviser.

Jeff Sessions

Former U.S. senator Jeff Sessions from Alabama joined Trump's campaign as a foreign policy adviser in February 2016. Sessions was nominated to be U.S. attorney general by President Trump and was then confirmed by the Senate. Reports then emerged that Sessions had spoken twice with Sergey Kislyak while he was senator -- a fact that he left out of his Senate hearing testimony. Instead, he said in writing that he had not communicated with any Russian officials during the campaign season. Sessions defended himself saying he had spoken with Kislyak specifically in a senate capacity.

Paul Manafort

Paul Manafort signed on as Donald Trump's campaign manager in March 2016. A longtime Republican strategist and beltway operative, Manafort had previously served as an adviser to former Ukrainian president Viktor Yanukovich -- a pro-Russia leader who was violently ousted in 2014. Manafort resigned from his campaign position in August 2016 amid questions over his lobbying history in Ukraine for an administration supportive of Russia. The former campaign manager reportedly remained in Trump's circle during the post-election transition period.

Michael Flynn

Gen. Michael Flynn was named President Trump's national security adviser in November of 2016. Flynn reportedly met and spoke with Russian Ambassador Sergey Kislyak in December, at one point discussing sanctions. Flynn originally told Vice President Pence he did not discuss sanctions -- a point the Department of Justice said made the national security adviser subject to blackmail. Flynn resigned from his position in February.

Donald Trump

2016 election winner Donald Trump is at the center of special counsel Robert Mueller's probe into Russia's handlings.

Sam Clovis

Clovis, a former member of the Trump campaign, arrives on at the U.S. Capitol December 12, 2017 to appear before a closed meeting of the House Intelligence Committee. Clovis worked with George Papadopoulos, a former Donald Trump campaign foreign policy advisor who struck a plea deal on charges of lying to the FBI.

(Photo by Win McNamee/Getty Images)

Roger Stone

Stone is a longtime Republican political consultant who served as a campaign adviser to Trump who continued to talk with the then-GOP candidate after stepping away from his adviser role. Stone claimed last year that he had knowledge of the planned WikiLeaks release of emails pertaining to Hillary Clinton and the Democratic National Committee. Stone recently admitted to speaking via direct message with "Guccifer 2.0" -- an online entity U.S. officials believe is tied to Russia. Stone says the correspondence was “completely innocuous.”

Carter Page

Page worked for Merrill Lynch as an investment banker out of their Moscow office for three years before joining Trump's campaign as a foreign policy adviser. During his time with Merrill Lynch, Page advised transactions for two major Russian entities. Page has called Washington "hypocritical" for focusing on corruption and democratization in addressing U.S. relations with Russia. While Page is someone Trump camp has seemingly tried to distance itself from, Page recently said he has made frequent visits to Trump Tower.

J.D. Gordon

Before Gordon joined the Trump campaign as a national security adviser in March 2016, he served as a Pentagon spokesman from 2005 through 2009. Like others involved in Trump-Russia allegations, Gordon met with ambassador Kislyak in July at the Republican National Convention, but has since denied any wrongdoing in their conversation. He advocated for and worked to revise the RNC language on and position toward Ukraine relations, so it was more friendly toward Russia's dealings in the country.

Former Trump campaign aide Michael Caputo (L)

Caputo waves goodbye to reporters after he testified before the House Intelligence Committee during a closed-door session at the U.S. Capitol Visitors Center July 14, 2017 in Washington, DC. Caputo resigned from being a Trump campaign communications advisor after appearing to celebrate the firing of former campaign manager Corey Lewandowski. Denying any contact with Russian officials during the 2016 campaign, Caputo did live in Moscow during the 1990s, served as an adviser to former Russian President Boris Yeltsin and did pro-Putin public relations work for the Russian conglomerate Gazprom Media.

(Photo by Chip Somodevilla/Getty Images)

Stephen Miller, White House Senior Advisor for Policy

Jason Miller
Former White House Press Secretary Sean Spicer
Eric Trump
Donald Trump Jr.
Ivanka Trump
White House Senior adviser Jared Kushner
Executive assistant to Donald Trump Rhona Graff
White House Communications Director Hope Hicks
Former Trump campaign manager Corey Lewandowski
US Vice President Mike Pence
Katrina Pierson
K.T. McFarland
Former White House Communications Director Anthony Scaramucci
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"In a normal world, it would be very hard for the President of the United States not to submit to an interview in connection with an investigation that touches upon ... his conduct and that of people around him," Comey said. "In a normal world, the American people would find that very, very difficult to accept."

But after commenting on how proceedings would go in a normal world, Comey conceded that "we don't live in that world," citing norms being broken that "that disturb me greatly."

"On a regular basis, the president tweets that I should be in jail, and even I go, 'Eh,'" Comey said with a shrug, according to Axios.

How Comey would prosecute Trump

Comey, a prosecutor himself, had some insight into how Mueller should investigate Trump.

According to Comey, Mueller should demand unlimited time for unlimited follow ups, even as the dragging investigation riles Trump on the regular.

Secondly, "I'd want to make sure there was a clear understanding on the part of the subject of the interview that, whether or not it was within the grand jury, still a false statement would be prosecutable," Comey said.

"Those would be the key things: open-ended as to time; open-ended as to subject; and a clear understanding that you are obligated to tell the truth, and failing to do so will be at your peril," he continued.

Trump has at times said he would submit to an interview, but in March laid out the conditions that he would only do so if Mueller could promise an end to the investigation within 60 days or limit himself to a narrow set of questions.

NOW WATCH: Ian Bremmer: Why Nikki Haley is fighting Trump over Russia

RELATED: James Comey through the years

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James Comey through the years
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James Comey through the years
FBI Director James Comey waits before testifying at a House Intelligence Committee hearing into alleged Russian meddling in the 2016 U.S. election, on Capitol Hill in Washington, U.S., March 20, 2017. REUTERS/Joshua Roberts
UNITED STATES - JUNE 14: Deputy Attorney General James B. Comey speaks at a conference at the Bloomberg News Bureau in Washington DC June 14, 2004. (Photo by Ken Cedeno/Bloomberg via Getty Images)
U.S. President Barack Obama announces James Comey (L), a Republican who served in the Bush Justice Department, as his choice to replace Robert Mueller as the next FBI director, in the Rose Garden of the White House in Washington, June 21, 2013. REUTERS/Jason Reed (UNITED STATES - Tags: POLITICS CRIME LAW)
WASHINGTON, UNITED STATES: US Deputy Attorney General James Comey (L) and FBI Assistant Director for Counterterrorism Gary Bald take questions 05 August, 2004, at the Justice Department in Washington, DC, after announcing that two men from Albany, New York, were arrested charging each with concealing material support for terrorism and participating in a money laundering conspiracy. Mosque Imam Yassin Aref, 34, and mosque founder Mohammed Hoosain, 49, were arrested following a raid on an Albany mosque late 04 August. Officials said the two men had agreed to launder money to help a presumed terrorist, actually an undercover FBI agent, buy a shoulder-fired missile. AFP PHOTO / TIM SLOAN (Photo credit should read TIM SLOAN/AFP/Getty Images)
WASHINGTON, DC - JUNE 21: James Comey (L) FBI Director nominee walks with outgoing FBI Director Robert Mueller (R) to a ceremony annoucing Comey's nomination in the Rose Garden at the White House June 21, 2013 in Washington, DC. Comey, a former Justice Department official under President George W. Bush, would replace Mueller. (Photo by Win McNamee/Getty Images)
James Comey, U.S. President Barack Obama's nominee as director of the director of the Federal Bureau of Investigation (FBI), arrives to a Senate Judiciary Committee hearing in Washington, D.C., U.S., on Tuesday, July 9, 2013. Comey, the nominee to be the next FBI director, said interrogation techniques such as waterboarding used during his time in President George W. Bush's administration constitute torture and are illegal. Photographer: Andrew Harrer/Bloomberg via Getty Images
FBI Director James Comey, right, talks to Spain's Interior Minister Jorge Fernandez Diaz, left, during a meeting in Madrid, Spain, Monday, Dec. 9, 2013. Photo: Rodrigo Garcia/NurPhoto (Photo by NurPhoto/Corbis via Getty Images)
FBI Director James B. Comey testifies in front of the Senate Judiciary Committee on Capitol Hill in Washington. (Photo by Brooks Kraft LLC/Corbis via Getty Images)
DENVER, CO - AUGUST 20: Federal Bureau of Investigation Director James Comey speaks during a press conference at the conclusion of a visit to the Denver FBI Field Office on Wednesday, August 20, 2014 in Denver, Colorado. Director Comey's visit to the Denver FBI Field Office is part of his plan to visit all FBI Field Offices in his first year as director. (Photo by Kent Nishimura/The Denver Post via Getty Images)
The shadow of FBI Director James Comey is seen as he addresses the audience during the Overseas Security Advisory Council (OSAC) annual meeting at the State Department in Washington, DC on November 19, 2014. AFP PHOTO/ MLADEN ANTONOV (Photo credit should read MLADEN ANTONOV/AFP/Getty Images)
FBI Director James Comey adjusts his tie before testifying to the Senate Select Committee on Intelligence hearing on ?Russia?s intelligence activities" on Capitol Hill in Washington, U.S., January 10, 2017. REUTERS/Joshua Roberts
FBI Director James Comey testifies before a House Oversight and Government Reform Committee on the "Oversight of the State Department" in Washington U.S. July 7, 2016. REUTERS/Gary Cameron
WASHINGTON, DC - JANUARY 13: FBI Director James Comey arrives at the U.S. Capitol for a classified briefing on Russia for all members of the House of Representatives January 13, 2017 on Capitol Hill in Washington, DC. The internal Office of the Inspector General at the Justice Department announced yesterday that it is conducting a review on the handling of FBI and DOJ's investigation into the Hillary Clinton private e-mail server case. (Photo by Alex Wong/Getty Images)
FBI Director James Comey testifies to the Senate Select Committee on Intelligence hearing on ?Russia?s intelligence activities" on Capitol Hill in Washington, U.S., January 10, 2017. REUTERS/Joshua Roberts
WASHINGTON, DC - JANUARY 10: FBI Director James Comey and Director of National Intelligence James Clapper (L-R) arrive to testify before the Senate (Select) Intelligence Committee in the Dirksen Senate Office Building on Capitol Hill January 10, 2017 in Washington, DC. The intelligence heads testified to the committee about cyber threats to the United States and fielded questions about effects of Russian government hacking on the 2016 presidential election. (Photo by Joe Raedle/Getty Images)
WASHINGTON - JULY 8: Deputy Attorney General James B. Comey (L) announces indictment of the former Enron CEO, Kenneth Lay, while FBI Director Robert Mueller listens July 8, 2004 in Washington DC. Lay was indicted on 11 counts, including securities and wire fraud and false and misleading statements surrounding the collapse of the energy giant. (Photo by Mark Wilson/Getty Images)
James Brien Comey, Jr. (born December 14, 1960) is the seventh and current Director of the Federal Bureau of Investigation, 2013. (Photo by Universal History Archive/UIG via Getty Images)
UNITED STATES - JULY 31: Manhattan U.S. Attorney James Comey announces the arrest in Italy of alleged Russian mobster Alimzhan Tokhtakhounov on charges that he engineered the ice-skating vote swap scandal that rocked the Winter Olympics in Salt Lake City. Tokhtakhounov allegedly fixed the Russian skaters' victory in figure skating in exchange for throwing the gold medal to two French ice dancers. Amid worldwide outrage, the Canadian figure skaters were eventually awarded a second gold medal. , (Photo by Todd Maisel/NY Daily News Archive via Getty Images)
WASHINGTON, DC - JUNE 21: FBI Director nominee James Comey (L) speaks as U.S. President Barack Obama (R) looks on during a ceremony announcing Comey's nomination in the Rose Garden of the White House June 21, 2013 in Washington, DC. Comey is a former Justice Department official in the administration of former U.S. President George W. Bush. (Photo by Win McNamee/Getty Images)
UNITED STATES - DECEMBER 18: Manhattan U.S. Attorney James Comey during an interview wirth the Daily News. (Photo by Robert Rosamilio/NY Daily News Archive via Getty Images)
WASHINGTON - JUNE 08: The Honorable James Comey, Deputy Attorney General, U.S. Department of Justice, is sworn in before delivering testimony during the House Judiciary Committee hearing concerning reauthorization of the PATRIOT Act June 8, 2005 on Capitol Hill in Washington, DC. The Committee has heard from 30 witnesses during its 10 hearings this year, from both supporters and those with concerns over certain aspects of this anti-terrorism law. (Photo by Joe Raedle/Getty Images)
James Comey, U.S. President Barack Obama's nominee as director of the director of the Federal Bureau of Investigation (FBI), laughs during a Senate Judiciary Committee hearing in Washington, D.C., U.S., on Tuesday, July 9, 2013. Comey, the nominee to be the next FBI director, said interrogation techniques such as waterboarding used during his time in President George W. Bush's administration constitute torture and are illegal. Photographer: Andrew Harrer/Bloomberg via Getty Images
UNITED STATES - JUNE 26: James Comey, right, President Obama's nominee as the next director of the Federal Bureau of Investigation, meets with Senate Judiciary Chairman Patrick Leahy, D-Vt., in the Russell Senate Office Building on Wednesday, June 26, 2013. (Photo By Bill Clark/CQ Roll Call)
WASHINGTON, DC - FEBRUARY 04: FBI Director James Comey testifies during a hearing before the House (Select) Intelligence Committee February 4, 2014 on Capitol Hill in Washington, DC. The committee held a hearing to examine threats to the U.S. from all around the world. (Photo by Alex Wong/Getty Images)
FBI Director James Comey (L) and US Attorney General Eric Holder announce a record 8.9 billion USD fine against the French bank BNP Paribas for violating international sanctions during a press conference at the US Justice Department in Washington on June 30, 2014. AFP PHOTO / Saul LOEB (Photo credit should read SAUL LOEB/AFP/Getty Images)
FBI Director James B. Comey testifies in front of the Senate Judiciary Committee on Capitol Hill in Washington. (Photo by Brooks Kraft LLC/Corbis via Getty Images)
FBI Director James Comey is sworn in prior to testifying before a Senate Judiciary Committee hearing on "Oversight of the Federal Bureau of Investigation" on Capitol Hill in Washington, U.S., May 3, 2017. REUTERS/Kevin Lamarque
Federal Bureau of Investigation Director James Comey speaks at the Intelligence National Security Alliance Leadership Dinner at the Hilton Mark Center in Alexandria, Virginia, U.S., March 29, 2017. REUTERS/Aaron P. Bernstein
U.S. President Barack Obama (C) sits with FBI Director James Comey in the Oval Office in Washington after making comments to the media about shootings at military facilities in Chattanooga, Tennessee, July 16, 2015. REUTERS/Yuri Gripas
BOSTON, MA - MARCH 08: FBI Director James Comey speaks at a cybersecurity conference at Boston College on March 8, 2017 in Boston, Massachusetts. Comey, delivering the keynote address to the two-day conference, did not address recent claims by President Donald Trump that former President Barack Obama ordered a a wiretap of then-candidate Trump. (Photo by Darren McCollester/Getty Images)
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SEE ALSO: Trump bizarrely claims Mueller doesn't plan to ask him about colluding with Russia

DON'T MISS: An outline of questions special counsel Robert Mueller wants to ask Trump reveal where the Russia investigation may be headed

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