One of the most interesting new disclosures today in the Comey hearing was the admission by former FBI Director James Comey that he intentionally used a “friend” on the Columbia law faculty to leak his memos to the media. Comey says that he did so to force the appointment of a Special Counsel. However, those memos could be viewed as a government record and potential evidence in a criminal investigation.
Notably, Columbia Law School Professor Daniel Richman on a faculty webpage reads that he is “currently an adviser to FBI Director James B. Comey.” Richman specializes in criminal law and criminal procedure.
The problem is that Comey’s description of his use of an FBI computer to create memoranda to file suggests that these are arguably government documents. Comey admitted that he thought he raised the issue with his staff and recognized that they might be needed by the Department or Congress. They read like a type of field 302 form, which are core investigatory documents.
The admission of leaking the memos is problematic given the overall controversy involving leakers undermining the Administration. Indeed, it creates a curious scene of a former director leaking material against the President after the President repeatedly asked him to crack down on leakers.
Besides being subject to Nondisclosure Agreements, Comey falls under federal laws governing the disclosure of classified and nonclassified information. Assuming that the memos were not classified (though it seems odd that it would not be classified even on the confidential level), there is 18 U.S.C. § 641 which makes it a crime to steal, sell, or convey “any record, voucher, money, or thing of value of the United States or of any department or agency thereof.”
There are also ethical and departmental rules against the use of material to damage a former represented person or individual or firm related to prior representation. The FBI website states:
Dissemination of FBI information is made strictly in accordance with provisions of the Privacy Act; Title 5, United States Code, Section 552a; FBI policy and procedures regarding discretionary release of information in accordance with the Privacy Act; and other applicable federal orders and directives.”
Lawyers generally ask for clients or employers to release information, particularly when it may be detrimental to the firm or the client or someone associated with your prior representation.
By the way, waking up in the middle of the night (as described by Comey) is not generally the best time to decide to leak damaging memos against a sitting president. There are times when coffee and a full night’s sleep (and even conferral with counsel) is recommended. Leaking damaging memos is one of those times. Moreover, if Comey was sure of his right to release the memo, why use a law professor to avoid fingerprints?
I find Comey’s admission to be deeply troubling from a professional and ethical standpoint. Would Director Comey have approved such a rule for FBI agents? Thus, an agent can prepare a memo during office hours on an FBI computer about a meeting related to his service . . . but leak that memo to the media. The Justice Department has long defined what constitutes government documents broadly. It is not clear if Comey had the documents reviewed for classification at the confidential level or confirmed that they would be treated as entirely private property. What is clear is that he did not clear the release of the memos with anyone in the government.
Comey’s statement of a good motivation does not negate the concerns over his chosen means of a leak. Moreover, the timing of the leak most clearly benefited Comey not the cause of a Special Counsel. It was clear at that time that a Special Counsel was likely. More importantly, Comey clearly understood that these memos would be sought. That leads inevitably to the question of both motivation as well as means.
What do you think?
One Congressman asked this scum bag Comey if he had ever heard of someone being arrested and charged for “hoping” for something that was a legal thing to hope for, like Trump “hoped” Comey would drop his chasing of whatever.
At first this liar Comey would not give a simple “no” till he was pushed about the third time, when he finally admitted there is no such thing as, and can not be such thing as, criminal charge of “hoping” for something.
The sooner this lying scum is in prison, the better IMO. I was sickened to hear the same Congressliars who hated Comey’s guts six months ago giving homage and obeisance to him today, kissing his rear end up and down the street.
Major props to Marco Rubio who said to Comey something like, “Why is it that of all the leaks out of the FBI and Dept of Justice, no one leaked that Trump is NOT a suspect of any investigation?”
Wouldnt it have been classified by definition? All private convos with POTUS are. If it had been an email, instead of a memo, it would have been classified.
It was his personal recollection and not an official transcript. Trump needs to produce his recording of the event.
J Pismo, I’m not sure if this is what you mean? But, I just saw Rubio interviewed and he said he saw all this as Trump not being a professional politician and not understanding protocol. NO ONE has gotten ripped harder than “Little Marco” and for him to make an insightful and COMMON SENSE statement like this says a lot.
Trump is a schmoozing, intimidating, nice, mean, bully, strange guy. But, from everything I’ve seen of him, if he orders you to do something, “hope” would not be in the sentence and there would be NO DOUBT.
No Nick, I meant that Marco and I paraphrase: that Comey knew Trump was not under investigation as well as all the others knew and that no one is stepping up to publicly say he was and is not under investigation.
Mr. Comey came out in a public televised statement saying there was nothing there for Hillary which is debatable but for President Trump silence. They (the left) continue with the Russians Are Coming mantra. If you get a chance check the replay when Marco asks the question.
https://twitter.com/JamesRosenTV/status/871893203288379392
Rubio said it all but somehow that has gone unnoticed.
Copies of government documents generally do not fall under section 641. Otherwise government employees would be unable to comply with Freedom of Information Act requests. Assuming the document was maintained within government systems, I don’t see how it could constitute a violation of that section.
The fact that the RNC is out in force suggests that this was not a good day for Trump.
haha – I would suspect they are gloating and the Democrats are hiding……. short of facing their reality, the D’s had no Plan B.
Mueller is in charge and he can prosecute unlike republican Comey who threw the election to Trump.
Bill Clinton threw the election to Trump.
Is the front page of the New York Times a government system? After Obama left office I mean.
What a troll. These docs related to potential criminal investigations. Did you miss how many time Comey today said he could not reply in open hearings, and would have to reply only in closed door session?
Go back to your cave, Progressive troll.
Did Comey Violate Laws
Oh, you mean ‘Laws’ conceived of as impartially administered ordinances composed in pursuit of justice and prudence? You mean something other than ‘an instrument in the hands of the Democratic Party, the legal profession, and allied crews like the media and the professoriate to be used against people in their way?’
ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha ha
Um, yeah, those laws. 🙂
Ooops. I put this on the wrong Comey thread:
https://pbs.twimg.com/media/DB0KP-XUIAAjBj6.jpg
Squeeky Fromm
Girl Reporter
I missed Gowdy. He would’ve ripped him a new one with his line of questioning. The rest of these guys were far too deferential and lacked the ability to make him not only answer the questions but to also defend his actions and behavior in a much more definitive manner. His pretty-boy appearance means nothing. These senators are intimidated by him for one reason and one reason only–he’s got the goods on every single one of them. Don’t forget that. He may no longer be associated with the FBI, but any one of these senators, who comes after him with a vengeance, will find their private lives, along with the skeletons in their closets, revealed. Don’t ever count that out.
J. Edgar Comey
My thoughts exactly, TBob. Bam Bam nailed it.
. . .will find HIS private life, along with the skeletons in HIS closet. . .
Well there is that reasonable possibility.
More along the lines of a sound probability. Any one of these senators, appearing to go for the jugular, in terms of questioning him, will likely find his or her personal, professional and financial life, which may contain any array of scandals and secrets, suddenly exposed, for all to see. Think that is beyond the scope of the FBI? Lol!
Agreed. You know how astrophysicists discover planets revolving around a star by looking for a wobble? They cannot see the planet but they can see the influence of the planet? Well these senators are the star and the IC is the planet. You can tell the wobble in the background of these senators by how aggressively they search for the truth.
Yes, Rep. Gowdy would have been a great voice to have. But testimony was before Senate committee. Still, Rubio did a nice job, as did Sen. Risch.
Thanks for the quick takes. This guy Comey is too straight to not understand this is a problem. Why would he not be accountable for leaking these work memos?
My jaw dropped when I heard Comey make that statement. So many questions he dodged by saying he’d only speak in classified setting (so protective of any possible leaks) & yet he leaked info to outside source who leaked private (possibly private government documents) to NYT. Convenient & in my opinion unlawful.
RNC is out in force with their messaging. No surprise..Soon Trrump’s mobster will make a statement,
By now we all know about devices at work:
”The problem is that Comey’s description of his use of an FBI computer to create memo to file suggests that these are arguably government documents. ”
Very interesting. Why did he not just hand write at home his recollection.
Comey should be investigated for:–
* Leaking memos for political purposes – https://twitter.com/HAGOODMANAUTHOR/status/872859327823872000
* Special deference shown to Hillary Clinton – http://thehill.com/policy/national-security/286849-fbi-didnt-record-clinton-interview-no-sworn-oath
* Colluding with Obama, Loretta Lynch & the Clintons to pervert the course of justice – judicialwatch.org/press-room/press-releases/judicial-watch-sues-doj-records-relating-tarmac-meeting-attorney-general-loretta-lynch-former-president-bill-clinton-june-2016/
Comey has betrayed us. Like corporate MSM & most Americans–he thought that Hillary would be POTUS–he aided-and-abetted her in order to keep his job & hide the more serious crimes committed by the Obama administration including: Pay to Play; illegal drone assassinations; illegal spying on Americans; wars for profit. Comey has no integrity–he is an angry man–he is a dishonest man–he is a disgrace.
Hillary crimes: thehill.com/blogs/pundits-blog/crime/299661-5-reasons-comey-should-have-recommended-clintons-indictment
Hillary crimes: globalresearch.ca/clinton-approved-drone-assassinations-with-her-cell-phone-emails-reveal/5530335
Obama-NSA-Hillary crimes: nationalreview.com/article/447973/nsa-illegal-surveillance-americans-obama-administration-abuse-fisa-court-response
Please let me know if you fail to publish my comment so that I may send a copy via the mail to Professor Jonathan Turley. Thank you.
Gadfly M.
You might not have been aware but the website only permits two hyperlinks per comment. If you have more than two for the readers this can be accomplished by using additional comments.
For this time I dereferenced the extra hyperlinks and approved the comment.
I wasn’t aware of that–I’ll be more careful in the future.
When I make a statement, it’s my habit to provide evidence. Thank you.
Gadfly re: “Comey has betrayed us. Like corporate MSM & most Americans–he thought that Hillary would be POTUS–he aided-and-abetted her in order to keep his job & hide the more serious crimes committed by the Obama administration including: Pay to Play; illegal drone assassinations; illegal spying on Americans; wars for profit. Comey has no integrity–he is an angry man–he is a dishonest man–he is a disgrace.”
SPOT ON!!!
Because he was the Director of the Federal Bureau of Intent. He considers Intent to be more relevant than the rule of law.
Or is it the Federal Bureau of ‘Matters’?
Intent didn’t matter to Comey when it came to Hillary: his refusal to recommend an indictment was based upon his claim (he didn’t record her, nor did he put her under oath–in violation of FBI protocols) that she didn’t “intend” to violate the law. He’s a Clinton shill–he’s dishonest–he’s a bloody disgrace.
Actually Gadfly he used intent as Bleach Bit to erase the statute in regards to Clinton’s violation of the law.
That’s my remembrance of the reason he gave for not continuing with the Clinton investigation. Putting aside for the moment that the decision was not his to make, proving intent is almost impossible because you must look into someone’s mind for that determination.
So Comey using ” intent ” as his cover is really a thin excuse. I don’t trust this guy at all.
Oh for cripes sake!
We are well rid of Mr. Comey.
Absolutely! This guy is a snake in the grass.
Conduct unbecoming, at the very least. Completely unprofessional, at the very least. Destroys his own credibility, at the very least. Evidence of Comey’s animus against Trump, at the very least.
We only need Shakespeare to say, “and Comey is an honorable man.”
Squeeky Fromm
Girl Reporter
“Yon Cassius has a lean and hungry look. Mark him well for I trust him naught.”