Comey's Actions: Lawful Or Criminal?

James Comey, former FBI director, has been accused of breaking the law by leaking confidential memos to the media. The memos detailed his conversations with President Trump and were marked as classified at the secret or confidential level. Comey admitted to leaking the memos, but claimed that he did not break the law as the memos did not contain top-secret information. The Justice Department declined to prosecute Comey, citing a lack of evidence of intent to violate the law. However, the Inspector General's report concluded that Comey had shown a lack of candor and improperly took memos that were FBI property. Comey's actions have sparked debate, with some arguing that he broke the law and others claiming that he simply broke protocol.

Comey's letter to Congress about Clinton's emails

On October 28, 2016, FBI Director James Comey sent a letter to Congress, notifying them that the FBI had started looking into newly discovered emails that "appear pertinent to the investigation" of Hillary Clinton's use of a private email server during her time as Secretary of State. Comey's letter came 11 days before the 2016 presidential election, in which Clinton was the Democratic nominee.

The FBI investigation into Clinton's emails had concluded in July 2016, with Comey announcing that Clinton had been extremely careless in her handling of sensitive information but that no charges would be filed as she did not act with criminal intent.

The timing of Comey's letter to Congress was contentious, with critics arguing that he had violated Department of Justice guidelines and prejudiced the public against Clinton. The letter was described as an "October surprise", with Clinton herself attributing her election loss to Comey's announcements.

Comey defended his decision to notify Congress, explaining that he felt "an obligation" to update them and that not doing so would have been "misleading to the American people". He also stated that he did not coordinate or review the letter with the Department of Justice or any other part of the government.

The letter sparked debate over whether Comey had violated the Hatch Act, a law prohibiting federal employees from using their official authority to influence elections. Senate Democratic Leader Harry Reid accused Comey of using his position to influence the election and of applying a clear double standard in his treatment of Clinton and her opponent, Donald Trump. An official complaint was filed against Comey, but the Obama administration disagreed with the accusation, stating that they did not believe Comey was trying to influence the election.

Comey's violation of the Hatch Act

On October 28, 2016, FBI Director James Comey sent a letter to Congress stating that the FBI would be reopening its investigation of Hillary Clinton's email controversy. This letter was sent just 11 days before the 2016 Election Day.

The Hatch Act of 1939 is a United States federal law that prohibits civil-service employees in the executive branch of the federal government, except the president and vice president, from engaging in some forms of political activity. The law prohibits federal employees from using their official authority or influence to affect the result of an election.

Comey's letter to Congress and his internal email to FBI staff about the Clinton investigation raised questions about whether he had violated the Hatch Act. Senate Democratic Leader Harry Reid argued that Comey had violated the law, accusing him of using his position as FBI Director to influence the election. Richard Painter, a chief White House ethics lawyer for the George W. Bush administration, also filed a complaint alleging that Comey had violated the Hatch Act.

Legal specialists suggested that Comey's actions may have violated the Hatch Act. William Cowden, an attorney, highlighted Comey's internal email, in which he stated that it would be "misleading to the American people" not to supplement the record. Cowden argued that this could be interpreted as an attempt to influence the American people and their votes in the upcoming election. John Mahoney, a Washington attorney, also questioned Comey's purpose in sending the letter, suggesting that the relevance of the emails to the Clinton investigation was questionable.

However, intent is difficult to prove in Hatch Act cases, as it would have to be shown that Comey's purpose was to influence or affect the election. While Democrats alleged a violation of the Hatch Act, Republicans, such as Rep. Trey Gowdy, dismissed the idea, arguing that Comey was simply supplementing his record before Congress.

Comey's leaking of FBI memos

James Comey, the former FBI Director, has been accused of leaking memos containing sensitive information about his interactions with President Trump. Comey admitted to releasing the contents of some memos to a friend, but he claimed that he wrote them in a way that would not get them marked as classified. However, the Justice Department's chief watchdog, Inspector General (IG) Michael Horowitz, referred Comey for possible prosecution under the classified information protection laws.

Comey's lawyers argued that he did not intend to violate the law, and Department of Justice (DOJ) prosecutors working for Attorney General William Barr decided not to pursue charges. They agreed that Comey's actions were a technical violation but did not want their first case against the Russia investigators to appear petty and vindictive.

Comey's actions have sparked intense debate, with some arguing that he broke federal law and should be prosecuted, while others claim that he did not violate any laws and was simply fulfilling his professional obligations. Comey's leaking of FBI memos has had significant ramifications, with many Democrats blaming him for Clinton's defeat in the 2016 election.

Comey's lack of candour with FBI agents

James Comey's actions as FBI Director have been called into question on several occasions, with some arguing that he lacked candour with FBI agents. One notable incident occurred in 2016, when Comey sent a letter to Congress regarding emails that could be related to Hillary Clinton's private server. This letter raised questions about the timing and style of the announcement, as it was sent just 11 days before the presidential election. Senate Democratic Leader Harry Reid accused Comey of violating the Hatch Act, a law prohibiting federal employees from using their official authority to influence election results. Reid argued that Comey's actions revealed a "clear double standard" and accused him of attempting to sway the election.

Comey's decision to send the letter came after pressure from lawmakers who wanted to be kept informed of any developments in the Clinton investigation. However, providing such updates is not a requirement, and by doing so, Comey may have given in to political pressure. Comey's integrity was further questioned when it was revealed that the emails in question were found on Huma Abedin's laptop and were not directly linked to Clinton herself. Additionally, the FBI had not even examined these emails before Comey's public announcement.

Comey's actions led to condemnation from both Republican and Democratic former Justice Department officials, who viewed his conduct as a breach of protocol. While some sympathised with Comey's position, arguing that he felt a personal and professional obligation to inform Congress, others believed that he knowingly broke the rules, either to create chaos or intentionally influence the election outcome.

In another incident, Comey was accused of lacking candour with FBI agents regarding his conversations with President Donald Trump. Comey admitted to releasing the contents of memos he wrote about his interactions with Trump to a friend. While Comey claimed that he ensured the memos were unclassified, White House press secretary Sarah Huckabee Sanders argued that Comey's actions violated federal laws, including the Privacy Act, standard FBI employment agreements, and nondisclosure agreements. However, the question of whether Comey broke the law in this instance is less clear, according to legal experts.

Comey's failure to charge Clinton

On July 5, 2016, FBI Director James Comey announced that he would not recommend criminal charges against Hillary Clinton for transmitting classified information over her private email server. Comey's decision was based on the conclusion that Clinton's actions did not meet the standard for criminal charges under the Espionage Act, which requires evidence of ''gross negligence'' or ''willful intent''.

Comey's decision was met with strong criticism from Republicans, who argued that Clinton's actions warranted prosecution. During a hearing on July 7, 2016, Comey was grilled by Republican lawmakers, who accused him of applying a different standard to Clinton compared to others who had been prosecuted for similar offences. They also questioned whether Clinton had lied under oath and whether she had emailed any classified information. Comey defended his decision, stating that Clinton ''did not break the law" and that there was insufficient evidence to charge her with a crime.

Comey's top lawyer, FBI General Counsel James Baker, initially believed that Clinton should face criminal charges but was later persuaded that charging her was not appropriate as they could not establish beyond a reasonable doubt that she had the necessary intent to violate the law.

Comey's decision not to charge Clinton sparked accusations that he had violated the Hatch Act, which prohibits federal employees from using their official authority to influence an election. Senate Democratic Leader Harry Reid and others argued that Comey's announcement, so close to the election, revealed a "clear double standard" and was an attempt to influence the outcome of the election. However, intent is difficult to prove in such cases, and the Obama administration disagreed with the accusations, stating that Comey was not trying to influence the election.

Frequently asked questions