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?
Let’s just be clear. Comey was obligated by law to report any obstruction of Justice and he did not. So he never thought Trump did anything illegal. However, he clearly decided to create a blackmail file against Trump in the way J Edgar Hoover was reported or even known to do. Of course Trump didn’t give him much time to fill up his blackmail file before getting rid of the incompetent, unethical slime.
So a bitter and angry Comey opened up his blackmail file which help the memos which were government documents created on Gov Equipment and on Gov time, and leaked them like the most slimy common Traitor. As pointed out Comey likely violated agreements and the law, his arrogance doesn’t really care. His overwhelming desire was to smear Trump in anyway he could without further violating the law. Despite all that Comey clearly cleared Trump of any wrongdoing, and confirmed Trump was not under investigation. The lying corrupt demcorats and fake news media will have their own spin, but they know Trump won this day! And Comey is a skanky slime.
If the Russians have penetrated our government and affected our elections — no problem !
But if Comey leaks a memo — horrors !
Do you realize that your first assertion is currently unsupported by any facts, especially relating to affecting our elections, and your second was supported today by someone who testified under oath in front of a congressional committee?
Don’t those details make you think about how emotionally unmoored you look?
You beat me to it Roscoe. I’m reading these comments and we have reasonable conclusions being drawn, and then we have comments such as Jay S. made that just seem disconnected from reality. It’s as though they picked up right where Comey left off; butt hurt.
O, I’m afraid the longer and more drawn out Mueller takes with his investigation the more deranged the Joy Reid, Jonathan Capeharts and poor Rachel Maddows are going to become.
Ironic that the make believe justice department they want, to give the answers they seek to these phantom scandals, is the same exact one that contributed to the absurdity of it all.
Ironic that the make believe justice department they want, to give the answers they seek to these phantom scandals, is the same exact one that contributed to the absurdity of it all.
Your comment Roscoe reminds me of this statement from Bastiat. Deranged may be an appropriate term to describe their behavior.
Can the law — which necessarily requires the use of force — rationally be used for anything except protecting the rights of everyone? I defy anyone to extend it beyond this purpose without perverting it and, consequently, turning might against right. This is the most fatal and most illogical social perversion that can possibly be imagined. It must be admitted that the true solution — so long searched for in the area of social relationships — is contained in these simple words: Law is organized justice.
Now this must be said: When justice is organized by law — that is, by force — this excludes the idea of using law (force) to organize any human activity whatever, whether it be labor, charity, agriculture, commerce, industry, education, art, or religion. The organizing by law of any one of these would inevitably destroy the essential organization — justice. For truly, how can we imagine force being used against the liberty of citizens without it also being used against justice, and thus acting against its proper purpose?
http://bastiat.org/en/the_law.html
Proper purpose indeed!
if he used f.b.i laptop or paper to write these memos he sure is guilty of leaking. no wonder he could not find the leakers he was part of the problem.
“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. ”
He has always been a partisan for his dim bosses. Even the press conference last summer was surely intended as an operation to lance the boil of the HIllary thing’s Emails, hoping the matter would be forgotten by the election.
Comey was hired by the Bush administration in 2002. Was a known republican and in the end he threw the election to Trump when he unnecessarily brought about up Weiner.
I don’t understand why nobody is looking at the herd of elephants in the room. These people are so connected and dirty. Comey was on the Board of Directors for HSBC when Loretta Lynch was the USA on the money laundering case. Considering nobody was sent to prison, what kind of relationship did she have with Comey and is that why he went along with her demand to refer to Clinton’s investigation as a matter? Did he fear retribution if he didn’t? And is it just a coincidence that Clinton was the one to put Lynch in the position of USA? And is it just a coincidence that HSBC transferred $80 million to the Clinton Foundation from foreign entities while Comey was on the board? Lynch was almost denied the position of AG because of this HSBC case.
https://archives.fbi.gov/archives/washingtondc/press-releases/2012/hsbc-holdings-plc-and-hsbc-bank-usa-n.a.-admit-to-anti-money-laundering-and-sanctions-violations-forfeit-1.256-billion-in-deferred-prosecution-agreement
I am so frustrated that there is so much corruption in government and even Congress doesn’t know what questions to ask. There is no way I would believe that there wasn’t collusion between Lynch and Comey to cover Hillary’s tracks because of their past relationship. After hearing his comment regarding Lynch’s request, the visit on the Tarmac with Bill Clinton looks even more damning now. After today I am even more convinced that Lynch and Comey are liars and we already know the Clinton’s are liars. I have to believe that what goes around comes around and that eventually all of these people are going to be exposed and pay a price. But I sure am having my patience tested!
And Trump and his attorney are connected to mobsters worldwide…..crooks everywhere you look.
The Trump sons ripped off a children’s cancer fund. Will hey be prosecuted? No way
Comey fancies himself as a modern day Robespierre.
Comey seemed to me as being very clear about his retribution against President Trump. It was almost like a little boy throwing a fit infront of America. He spoke to the firing, his irritation about it and apparently thought he would never be fired no matter what he had done. As we are learning he did get by with much under the Obama Administration, i.e. Lynch. Leaking his memos was highly irregular, especially from a person of his caliber, position. Again why does he take matters into his own hands to get a special prosecutor assigned if as he confirmed, there was no Trump interference?
I would catch a glimpse of the hearings while I was at work and every time I got a few minutes to check it out it was the same thing over and over….blaming someone else. And that’s exactly what I thought too, He’s a little boy throwing a temper tantrum. And usually little boys throwing tantrums will say anything they have to in order to get their way even if it’s not the truth.
Comey probably thinks that dossier about Trump getting the whores to pee on the bed Obama slept in in Russia is accurate and does not like Trump. Irish catholic people are quite judgey.
why are you judging Irish Catholics?
he violated his NDA and 18 U.S. Code § 641
he should be indicted, which means he will retire without penatly
Indict the professor and Comey. The corrupt political system funded by the corporations is destroying our nation!! Tulsi Gabbard 2020!!!
I’m afraid it appears that honest, trustworthy and ethical behavior has long since departed from the Washington D.C. political establishment. Who benefits from this train wreck? None of this is good for those of us that are just trying to live our lives.
Reblogged this on The Insomniac Libertarian.
Jonathan Turley, I am curious to know how you feel about the unmasking requests during the Obama administration and whether the American people should allow the widespread collection of metadata, since it appears obvious there is no wY to prevent abuse.
Also please comment on Clapper’s statements in Australia that the US is in the midst of something that dwarfs Watergate. Could his statement be revelatory in this way…that the eavesdropping and data collection on DJT and his campaign by OBAMA and his administration were WORSE than Nixon’s DNC break-in?
Comey is clearly unfit to ever have been the head of the FBI and the Clinton Crimes need to be investigated!