"Obstruction aside, one of the more stunning moments during the hearing came when Comey confessed that he deliberately leaked to “a friend” the contents of the memo memorializing his conversation with Trump… so that it would then be leaked to the media. Comey said it was his personal property. Wrong.
Under the Federal Records Act and the FBI’s own Records Management regulations, “any document that is made in the course of business” is the property not of the person who authored it, but the property of the U.S. government. And so are its contents. It matters not whether the document, as this one, is unclassified.
Comey improperly and, perhaps, unlawfully leaked a government document involving an FBI investigation. Comey admitted he did it to prompt the appointment of a special counsel who is now tasked with examining Russia’s interference in the presidential election. At the very least, Comey violated government rules by converting government property for his own use. It does not matter, legally, that he was no longer employed by the FBI. Is it a crime?
Under 18 USC 793 (“Leaking Non-Classified Information”), it is a crime punishable by up to 10 years imprisonment to “willfully communicate or transmit national defense information,” even though it is not classified. While the contents of the memo do not deal directly with national defense matters, the overall investigation does. So it is debatable whether Comey could be charged.
If nothing else, Comey’s leak appears to be a rather sleazy tactic designed to harm the president. How can he justify publicizing his own self-serving narrative while admitting in his testimony that he resisted all attempts by the president to publicize the truth that Trump was not personally under investigation? He cannot.
It is equally disgraceful that Comey appears to have purposefully written his memo as an unclassified document so that he could later use it to his advantage by leaking it to the public without committing a serious crime. Making it classified, he told the committee, “would tangle it up.” In other words, he manipulated the classification system to exploit the political damage his document might cause.
Comey’s testimony did manage to put to rest the constant accusation that President Trump attempted to quash the Russian investigation. Sen. Burr inquired, “Did the president at any time ask you to stop the FBI investigation into Russian involvement in the 2016 U.S. elections?” Comey replied, “Not to my understanding, no.”
As anticipated, Comey trashed Trump in a manner that is typical of an angry or disgruntled former employee who lashes out at the boss who fired him. But his venomous attack seemed shrill and unbecoming of his stature. He branded Trump a liar and claimed the president “defamed” him when Trump described the FBI as “poorly led and in disarray” under Comey’s leadership.
As a lawyer, Comey well knows that the president was expressing an opinion which is protected speech under the First Amendment. Hence, it is not defamation at all. Moreover, truth is a complete defense. Given Comey’s mishandling of the Hillary Clinton email case, in which he contorted the law and usurped the authority of the Attorney General, the president’s description may be the truth.
And so, the much anticipated Senate Intelligence Committee hearing did not provide what President Trump’s antagonists yearned for – evidence of guilt.
The only guilt rests with the president’s critics, especially many in the media, who have leveled wild and baseless assertions that he committed a crime during his now infamous conversation with the fired FBI Director on February 14th.
Through ignorance and malevolence, they have laid bare their contempt for facts and the law in pursuit of a political mugging. It’s a shame that is not a crime.
Jails would be overcrowded with politicians and journalists."
Gregg Jarrett is a Fox News Anchor and former defense attorney.