Did Comey Violate Laws In Leaking The Trump Memo?

Did Comey Violate Laws In Leaking The Trump Memo? Jonathan Turley’s Blog, Jonathan Turley, June 8, 2017

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.

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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 as a faculty webpage that says 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 memo to file suggests that these are arguably government documents.  Comey admitted that he thought 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.”

 

Notably, Columbia Law School professor Daniel Richman as a faculty webpage that says 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 memo to file suggests that these are arguably government documents.  Comey admitted that he thought 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.”

What do you think?

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One Comment on “Did Comey Violate Laws In Leaking The Trump Memo?”


  1. Not as the former DHS Johnson whom was well known keynote speaker at Islamic society of north America Muslims of America public enemy number one CAIR is Hamas and frequent flyer miles undisputed champion of the Muslim Brotherhood travel agency and current co chair of the DNC Keith Ellison or Islamist ex CIA director Brennan but still dirty and owned by the terrorist group and crime family Clinton but jokes aside the sickest part are the media even Fox cable network few seem to be standing up for the man standing for us president Trump drain the damn swamps


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