Keith Mack
Former FBI Director James Comey has been accused of breaking the law himself, despite his career in law enforcement. Comey has been accused of violating the Espionage Act and 18 U.S.C. § 1924, which makes it a misdemeanour to knowingly mishandle classified information. Comey has also been criticised for his interpretation of the law, which some claim lets Hillary Clinton off the hook for her mishandling of classified information.
| Characteristics | Values |
|---|---|
| Law | 18 U.S.C. § 1924 |
| --- | --- |
| Crime | Misdemeanour |
| --- | --- |
| Crime details | Knowingly mishandling classified information |
| --- | --- |
| Comey's view | Disapproves of prosecutions unless convinced the offender "clearly knew they were breaking the law" |
| --- | --- |
| Comey's Law | "Unless one intends to break the law, then no law has in fact been broken...unless they are not, in which case they are." |
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What You'll Learn
Comey's Law: 'Unless one intends to break the law, then no law has in fact been broken'
Comey's Law, as outlined in a speech exonerating Hillary Clinton of any wrongdoing, may be summarised as follows: "Unless one intends to break the law, then no law has in fact been known". In other words, Comey believes that intention to break the law needs to be present, and/or "vast quantities" of classified material needs to be involved in order to break the law.
Comey's Law is at odds with the Espionage Act's criminalisation of "gross negligence" and 18 U.S.C. § 1924, which makes it a misdemeanour to knowingly mishandle classified information. Comey believes that prosecutions under these laws should be reserved for people who know about the law when they violate it. He would not recommend prosecution unless there is clear evidence the person knew what they were doing was unlawful.
Comey's Law has been criticised for its questionable and convoluted treatment of mens rea jurisprudence. It has also been accused of imposing Comey's own value judgment to nullify the express will of Congress. However, Comey's Law does provide clarity on the issue of intent, which can be difficult to prove in cases involving the mishandling of classified information.
It is important to note that Comey's Law is not a formal legal doctrine or precedent, but rather a reflection of Comey's personal views on the matter.
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Comey's treatment of mens rea jurisprudence
Comey's Law may be summarised as follows: "Unless one intends to break the law, then no law has in fact been broken... unless they are not, in which case they are". In other words, if one is not a Clinton, then the first part of Comey's Law does not apply, and the individual in question is indeed guilty of breaking the law, whether they did it intentionally or not.
Comey believes that Espionage Act prosecutions should be reserved for people who know about the law when they violate it. He would not recommend prosecution unless there is clear evidence the person knew what they were doing was unlawful. Comey's Law has been criticised for exonerating Hillary Clinton of any wrongdoing. Comey stated that Clinton did not act in a "grossly negligent" manner, but merely in an "extremely careless" manner. Comey also clarified that in no way did Clinton intend to break the law, and therefore she was innocent.
Comey's Law has also been criticised for its treatment of mens rea. According to Comey's Law, the intention to break the law needs to be present, and/or "vast quantities" of classified material needs to be involved in order to break the law. This has been seen as a way to exonerate Clinton, as no reasonable prosecutor would bring charges against her.
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Comey's interpretation of the Espionage Act
Overall, Comey's interpretation of the Espionage Act reflects his belief that knowledge of the law and intentional misconduct are necessary for a violation to occur. This interpretation has been controversial and has sparked debates about the appropriate standard for prosecuting mishandling of classified information.
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Comey's opinion on the criminalization of 'gross negligence'
Comey broke 18 U.S.C. § 1924, which makes it a misdemeanour to knowingly mishandle classified information. Comey does not like the criminalization of 'gross negligence' and believes that prosecutions should be reserved for people who know about the law when they violate it. He has said that he is philosophically opposed to any laws based on negligence. Comey has also said that he knows about the law criminalizing gross negligence and that "there’s no way anybody at the Department of Justice is bringing a case against John Doe or Hillary Clinton for the second time in 100 years based on those facts". Comey has also said that he did not recommend Clinton be charged because he couldn't prove intent, despite the gross negligence law.
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Comey's views on the criminal code section 18 U.S.C. § 1924
Comey's views on this section of the criminal code are part of what has been termed the "Comey Standard". This standard is based on Comey's belief that the intention to break the law needs to be present for a law to be broken. This is summed up in "Comey's Law", which states that "unless one intends to break the law, then no law has in fact been broken...unless they are not, in which case they are".
Comey's Law was first used to exonerate Hillary Clinton of any wrongdoing in relation to her handling of classified information. Comey stated that Clinton did not act in a "grossly negligent" manner, but merely in an "extremely careless" manner. He also made clear that in no way did Clinton intend to break the law, and therefore she was innocent.
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Frequently asked questions
Comey is accused of breaking 18 U.S.C. § 1924, which makes it a misdemeanour to knowingly mishandle classified information. However, Comey has stated that he would not recommend prosecution unless there is clear evidence that the person knew what they were doing was unlawful.
Comey's Law may be summarised as: "Unless one intends to break the law, then no law has in fact been broken...unless they are not [a Clinton], in which case they are."
The Comey Standard refers to the Espionage Act and 18 U.S.C. § 1924 violations and what they could mean for Comey himself.
