Former FBI Director James Comey appeared today before the Senate Intelligence Committee, testifying about FBI investigations involving Russia’s role in the 2016 U.S. presidential election and his interactions with President Donald Trump.

Stanford scholars Richard Epstein, Michael McConnell, Robert Weisberg and Amy Zegart provide their views on the hearing and where the investigation goes from here.

What is your most significant takeaway from today’s proceeding?

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Weisberg: Comey finessed the question whether he believed Trump had obstructed justice. He carefully left that open and said that was up to [Special Counsel Robert] Mueller – and he said he was sure Mueller was “looking into it.” I take that to mean that both he and Mueller believe a case is not out of the question. Of course, it’s reasonably clear that Trump can’t be charged while in office, but Trump’s concern has to be a Mueller report that at least suggests that there is probable cause that the elements of the crime can be established.

Did the public learn anything today that hadn’t already been reported?

McConnell: The hearing revealed almost nothing of substance. The president behaved inappropriately in his conversation with Comey on Feb. 14, but still there is no evidence of actual wrongdoing. The former FBI director did not like being fired and thinks he has been “defamed.” We knew all that before.

It is easy to see why the president was frustrated by Comey’s refusal to state publicly what he told him privately, three times: that the FBI was not pursuing a criminal investigation of Trump. Rumors of such an investigation were swirling around Washington and had an obvious delegitimizing effect on the administration. There is nothing wrong with the president asking Comey to clear this “cloud” – which does not mean Comey lacked good reasons for keeping it secret. We do not know. His stated reason – that maybe the investigation would be reopened – is fairly lame, in my opinion.

Weisberg: While, in my view, Comey has made misjudgments, he has always been pretty temperate in his tone. We now know he is deeply angered by what he believes to be Trump’s mendacity and abuse of power, and coming from an otherwise temperate speaker, those remarks are pretty salient.

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What issues weren’t addressed or fully explained that you believe need more clarification?

Weisberg: Comey hedged on the question whether Trump had ordered him to lay off Flynn. He conceded that Trump used the word “hope,” but at one point, he said that his impression was that this was at least a “direction.” That was telling, and one wonders whether in the closed session Comey is going into the nuances further. Also, we need to know more about the legal basis for Comey’s decision to leak his memos through Professor [Daniel] Richman.

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According to Comey’s testimony, did any of the president’s actions rise to the level of obstruction of justice?

McConnell: Trump’s comments about the Flynn investigation are more troubling. A president with more regard for professional decorum would know not to discuss a pending investigation of a political associate behind closed doors with the FBI director.

But if Comey thought the president was committing an obstruction of justice, he was under a legal obligation to inform proper authorities and an ethical obligation to resign. He did not do that, which suggests that the conversations did not cross that line. Instead, Comey asked a “friend” to leak his notes of the confidential conversation to the press. That is worse than anything there is evidence the president has done.

Weisberg: It’s still very hard to say, but the case is stronger than it was yesterday. While Trump said “hope,” in context – and we’d know more if we could see a video! – it could be construed as a threat or an order.

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Where do we go from here? What are the next steps in this process?

McConnell: This will not go away. Perhaps there is evidence, somewhere, of “collusion” with Russia, which has not been leaked – in which case there could be some fire connected to this smoke.

I have every expectation that Mueller’s special prosecutor investigation will proceed with sobriety and care. But President Trump’s political critics will carry on. They are not outraged at Trump because of a belief that he committed the crime of obstruction of justice. They believe he committed the crime of obstruction of justice because they are outraged at Trump. If Comey’s testimony puts obstruction of justice talk to rest for a while, as it should, there will be something else. Sadly, if past is prologue, the president will give them more ammunition.

Weisberg: All the legal issues are in Mueller’s hands, so we must await public pronouncements from him. Whether the Senate probes further depends on what they learn in the closed session.

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