Comey's Actions: Lawful Or Not?

James Comey, the seventh director of the Federal Bureau of Investigation (FBI), has faced scrutiny and allegations regarding potential legal breaches during his tenure. One notable incident involves Comey's decision to inform Congress about the existence of emails potentially related to the Hillary Clinton email investigation just days before the 2016 US presidential election. This action led to accusations of violating the Hatch Act, which prohibits federal employees from influencing elections. Comey's handling of memos documenting meetings with President Trump also sparked controversy, with some initially claiming he broke the law before it was clarified that the memos were unclassified. Comey's actions during these events have been described as showing a lack of judgment and breaches of protocol, leading to his dismissal and ongoing debates about his legacy.

Comey's sharing of memos about meetings with Trump

In April 2018, the Justice Department released 15 pages of documents to Congress comprising partially declassified memos that James Comey made after his meetings with Donald Trump. The memos were also provided to Congress earlier that week as House Republicans escalated their criticism of the Justice Department, threatening to subpoena the documents and question officials.

The memos cover Trump's concerns about a lurid intelligence dossier and his relationship with his former National Security Advisor, Michael Flynn. They also reveal that Trump complained about Flynn at a private January 2017 dinner with Comey, saying, "the guy has serious judgment issues". Trump also told Comey that Russian President Vladimir Putin told him that Russia had "some of the most beautiful hookers in the world", while distancing himself from a salacious allegation involving prostitutes in Moscow.

In one of the memos, Comey writes that Trump asked him to drop an inquiry into links between Flynn and Russia, with Trump reportedly saying, "I hope you can let this go" after a White House meeting. Trump strongly denies Comey's account.

Comey has said publicly, "I knew there might come a day when I would need a record of what had happened, not just to defend myself, but to defend the FBI and our integrity as an institution and the independence of our investigative function."

In August 2019, the Office of the Inspector General found that Comey's retention, handling, and dissemination of the memos violated DOJ policies, FBI policies, and his FBI employment agreement. However, the Department of Justice declined to prosecute Comey, and in June 2018, Inspector General Michael Horowitz told the Senate Judiciary Committee that there was "no evidence that Comey or his attorneys released any of the classified information contained in any of the memos to members of the media".

Comey's violation of the Hatch Act

James Comey, the former director of the FBI, was accused of violating the Hatch Act in 2016. The Hatch Act is a federal law that prohibits civil servants in the executive branch of the US federal government from engaging in certain forms of political activity. The Act bars federal employees from using their official authority or influence to affect the result of an election.

In October 2016, Comey alerted Congress to possible new evidence in the Hillary Clinton email probe, which had been closed in July of that year. Comey's letter to Congress stated that the FBI had "learned of the existence of emails that appear to be pertinent to the investigation," but acknowledged that he didn't know their contents or whether they contained classified information.

This move was controversial, as it came just 11 days before the 2016 US presidential election. Critics, including Democratic lawmakers and professional prosecutors, argued that Comey's actions may have violated the Hatch Act, as well as Justice Department guidelines on avoiding disclosures of confidential investigations close to an election.

Senate Minority Leader Harry Reid argued that Comey had broken the law, stating that he possessed "explosive information" about close ties between Donald Trump, his top advisers, and the Russian government, but had chosen not to make this public. Reid accused Comey of using a double standard and influencing the election.

An official complaint was filed with the Office of Special Counsel and the Office of Government Ethics by Richard Painter, a former chief White House ethics lawyer. Painter wrote that Comey's move was "an abuse of power" and that he had given in to pressure from lawmakers who wanted to be kept updated on the Clinton investigation.

While some legal specialists suggested that Comey may have violated the Hatch Act, others argued that intent is difficult to prove in this case. William Cowden, an attorney, stated that Comey's internal letter to FBI staff, in which he said it would be "misleading to the American people" not to supplement the record, could be interpreted as an attempt to influence the American people. However, John Mahoney, an attorney specializing in federal employment law, questioned why Comey would wait several weeks to release the information if this was his intention.

Ultimately, the Department of Justice declined to prosecute Comey, and in 2019, the Office of the Inspector General found that Comey's retention, handling, and dissemination of memos about his interactions with Trump violated DOJ and FBI policies, as well as his FBI employment agreement. However, they did not find evidence that Comey had released any classified information.

Comey's handling of the Clinton email investigation

James Comey's handling of the investigation into Hillary Clinton's use of a private email server during her time as Secretary of State was highly controversial and led to accusations of political bias from both sides.

In July 2015, the FBI opened a criminal investigation into Clinton's use of a private email server. In July 2016, Comey announced that the FBI had completed its investigation and was referring it to the Justice Department with the recommendation "that no charges are appropriate in this case." He added that Clinton and her team had been ""extremely careless in their handling of very sensitive, highly classified information." However, he stated that "no reasonable prosecutor would bring such a case."

In October 2016, less than two weeks before the presidential election, Comey informed Congress that the FBI had discovered new emails that "appear pertinent to the investigation." This decision was against the advice of Justice Department officials, who warned that such an announcement would violate department policies and procedures. Comey later explained that he felt an obligation to inform Congress of new developments and feared being accused of concealing relevant information if he did not disclose it.

The timing of Comey's announcement was contentious and led to accusations that he had violated Department of Justice guidelines and precedent. Critics, including Clinton herself, argued that the announcement had prejudiced the public against Clinton and may have cost her the election.

In June 2018, the Department of Justice's Office of the Inspector General released a report on the handling of the Clinton investigation, finding that Comey had made a "serious error of judgment" and had ""usurped the authority of the Attorney General." However, the report concluded that Comey did not exhibit political bias and did not contest the decision not to charge Clinton with a crime.

Comey's leaking of memos to the press

James Comey, the former director of the FBI, leaked a memo to the press via a friend, who was later identified as Columbia Law School professor Daniel Richman. Comey had asked his friend to share the contents of a memo he wrote about his interaction with President Trump. This was done in the hopes that it would help lead to the appointment of a special prosecutor for the investigation into Russian interference in the 2016 election.

Comey's decision to leak the memo was influenced by a tweet from Trump, which suggested the existence of tapes of their conversations. Comey, in his testimony to the Senate Intelligence Committee, stated that he did not leak to the media himself as he was worried it would be like "feeding seagulls at the beach". He also mentioned that he no longer had the memos, as he had handed them over to the special counsel.

The leaking of the memo by Comey's friend resulted in a New York Times article that described a private conversation between Trump and Comey at the White House. In the conversation, Trump asked Comey to drop the investigation into Michael Flynn, the former National Security Advisor.

While Comey's actions sparked controversy and raised questions about the legality of his conduct, the Department of Justice declined to prosecute him. In June 2018, the DOJ inspector general, Michael Horowitz, told the Senate Judiciary Committee that he had received a referral from the FBI regarding Comey's release of the memos. Horowitz found that Comey had violated FBI policy and set a "dangerous example" for FBI employees. However, he also noted that there was no evidence that Comey or his attorneys released any classified information contained in the memos to members of the media.

The decision not to prosecute Comey was made in July 2019, with officials stating that "it wasn't a close call" and that Comey's actions could not be prosecuted.

Comey's termination of FBI agents

James Comey was the seventh director of the Federal Bureau of Investigation (FBI) from 2013 until his termination in May 2017. Comey was fired by U.S. President Donald Trump on May 9, 2017, four years into his ten-year term.

Comey's termination was immediately controversial and was compared to the Saturday Night Massacre, President Richard Nixon's termination of special prosecutor Archibald Cox, who had been investigating the Watergate scandal. Many members of Congress expressed concern over the firing and argued that it would put the integrity of the investigation into jeopardy. Critics accused Trump of obstruction of justice.

Comey was generally well-liked within the FBI, and his sudden dismissal shocked many FBI agents, who admired Comey for his political independence. Agents were also stunned that Comey was fired in the midst of the investigation into Russian interference in the 2016 election.

Comey's dismissal letter from Trump stated that he was acting on the recommendation of Attorney General Jeff Sessions and Deputy Attorney General Rod Rosenstein. However, in a direct contradiction of the White House's initial statements, Trump later stated that Comey's dismissal was his decision and that he had wanted to fire Comey regardless of any recommendations.

In the days following Comey's termination, Trump gave numerous explanations for the dismissal that contradicted his staff, belied the initial impression that Sessions and Rosenstein had influenced his decision, and indicated that Comey's firing was related to the investigation into Russian interference in the 2016 election. Trump publicly stated that Comey's dismissal relieved unnecessary pressure on his ability to engage and negotiate with Russia, due to Comey's "grandstanding and politicizing" the investigation. Trump was reportedly frustrated that Comey would not publicly confirm that he was not under investigation.

In the months leading up to Comey's termination, Trump had been openly talking to aides about finding a reason to fire him. Trump was angry and frustrated that Comey had revealed in Senate testimony the breadth of the counterintelligence investigation into Russian interference in the 2016 election. He felt Comey was giving too much attention to the Russia probe and not enough to internal leaks to the press from within the government. Shortly before he was fired, Comey had requested additional money and resources to further expand the probe. Trump had long questioned Comey's loyalty to him personally and his judgment. Moreover, Trump was angry that Comey would not support his claim that President Barack Obama had his campaign offices wiretapped.

In June 2018, the Department of Justice's inspector general, Michael Horowitz, told the Senate Judiciary Committee that he had received a referral from the FBI regarding Comey's release of his memos documenting meetings with Trump to Daniel Richman, parts of which were later classified as "confidential". In a report released in August 2019, Horowitz found that Comey had violated agency policies when he retained, handled, and disseminated the memos. However, Horowitz found no evidence that Comey or his attorneys had released any classified information and the Department of Justice declined to prosecute Comey.

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