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Thread: Is Comey in legal peril?

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    Default Is Comey in legal peril?

    One thing is clear about James Comey over the last 12 months and that is he is no boy scout with unimpeachable integrity. Now maybe by Washington DC standards Comey has integrity, but that isn't a high bar.

    Let's think about one specific aspect of his testimony yesterday. He said he leaked documents he wrote on government property in order to push for a special counsel. That is a stunning admission on his part if you think about it rationally. Talk about trying to take the law in your own hands.

    Now I know that lefty partisans will ignore it and the left will probably protect Comey

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    Quote Originally Posted by I Love America View Post
    One thing is clear about James Comey over the last 12 months and that is he is no boy scout with unimpeachable integrity. Now maybe by Washington DC standards Comey has integrity, but that isn't a high bar.

    Let's think about one specific aspect of his testimony yesterday. He said he leaked documents he wrote on government property in order to push for a special counsel. That is a stunning admission on his part if you think about it rationally. Talk about trying to take the law in your own hands.

    Now I know that lefty partisans will ignore it and the left will probably protect Comey
    No, if you listened rather than use radio as a source you'd know even Comey stated that what he leaked wasn't classified and at the time he was a private citizen, all perfectly legal

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    Quote Originally Posted by archives View Post
    No, if you listened rather than use radio as a source you'd know even Comey stated that what he leaked wasn't classified and at the time he was a private citizen, all perfectly legal

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    It doesn't have to be classified dips hit. If you would know what you are talking about instead of reading MediaMatters you wouldn't be getting embarrassed right now.

    Comey wrote those memos about government activity on government property. That does not make it his personal property to then dispose of at any time he wants. So you are saying that when an FBI agent leaves, he can distribute any memo he wrote while on government time?

    How about thinking for a change. I know Comey is your new hero, but he is not Mr Integrity

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    Quote Originally Posted by I Love America View Post
    It doesn't have to be classified dips hit. If you would know what you are talking about instead of reading MediaMatters you wouldn't be getting embarrassed right now.

    Comey wrote those memos about government activity on government property. That does not make it his personal property to then dispose of at any time he wants. So you are saying that when an FBI agent leaves, he can distribute any memo he wrote while on government time?

    How about thinking for a change. I know Comey is your new hero, but he is not Mr Integrity
    Oh, so everyone who authors books after they leave office is now legally threatened cause they are "releasing" Gov't information

    Get real, as usual, your just another conservative regurgitating talk radio/Fox talking points

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    Quote Originally Posted by archives View Post
    No, if you listened rather than use radio as a source you'd know even Comey stated that what he leaked wasn't classified and at the time he was a private citizen, all perfectly legal

    Next
    great, the Hillary tactic

    "nothing in my emails had "CLASSIFIED" stamped in great big red letters on top"

    lolololol

    you guys are something else, bat sh!t crazy but entertaining
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    Of couse Comey is in trouble, he has perjured himself, he leaked documents relating to ongoing Government investigations, and his family must be ashamed of him, he was nothing more than a pawn for the Democrat party during a presidential election, so much for integrity

    The Democrat party just gets sadder and sadder and sadder, almost by the hour
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    No, unread. Unworthy. Sitting potus is under criminal investigation.

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    Quote Originally Posted by Micawber View Post
    No, unread. Unworthy. Sitting potus is under criminal investigation.
    I think we have settled that argument,
    so move on
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    Bad move on his part but in his mind he was screwed anyway so maybe this unscrewes him. It should do the opposite and probably will.
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    it's "government work product" -or part of Federal Records act..
    It may or may not be classified
    (remember from Hillary's emails just because it's not marked classified doesn't mean it isn't so)

    It's not his to release..also how many more leaks came from Comey?

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    my guess would be Comeys attorney is advising him to grab the wife, book a trip to someplace exotic, don't talk to anyone, go unwind, reflect, and don't talk to anyone, oh did I say that already.
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    Comey could have come to Congress, or gone to Meullar..and what about the REST of his leaks?

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    Quote Originally Posted by I Love America View Post
    It doesn't have to be classified dips hit. If you would know what you are talking about instead of reading MediaMatters you wouldn't be getting embarrassed right now.

    Comey wrote those memos about government activity on government property. That does not make it his personal property to then dispose of at any time he wants. So you are saying that when an FBI agent leaves, he can distribute any memo he wrote while on government time?

    How about thinking for a change. I know Comey is your new hero, but he is not Mr Integrity
    (laughing)

    You are stretching for something that isn't there, pally boy. I understand that, coming from a partisan hack like you.

    "He wrote those memos about government activity so they aren't his"? Priceless!

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    Quote Originally Posted by Getin the ring View Post
    my guess would be Comeys attorney is advising him to grab the wife, book a trip to someplace exotic, don't talk to anyone, go unwind, reflect, and don't talk to anyone, oh did I say that already.
    Your guess was pulled out of your ass.

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    Quote Originally Posted by archives View Post
    No, if you listened rather than use radio as a source you'd know even Comey stated that what he leaked wasn't classified and at the time he was a private citizen, all perfectly legal

    Next
    Did Comey Violate Laws In Leaking The Trump Memo?

    June 8, 2017
    Jonathan Turley
    Congress, Criminal law


    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 and 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.
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