November 19, 2017

Can James Comey Be Prosecuted? You Bet He Can

Drama Queen James Comey and his performance in congress revealed a number of things..the depth of the fake news sewer based on leaks by ‘sources,’ that he is a totally self-serving and untrustworthy creature and that the whole Russia/Trump collusion mantra is sheer BS. Even Mr. Tingles, Chris Matthews admitted it.

Comey also revealed that President Trump was entirely justified in firing him. Among other things, James Comey admitted that he leaked confidential material to the media via a a “friend” on the Columbia law faculty in order to force the appointment of a special counsel. Does anyone remotely doubt that wasn’t the only time Comeyl eaked confidential material to the press or became one of their ‘anonymous sources?’

But that creates a problem for James Comey. While he obviously testified about it this time to make himself look righteous and justified, in reality he committed two crimes for which he can be prosecuted.

First off, leaking government documents in that fashion is almost certainly illegal. The memos Comey leaked could be viewed only as a government record and potential evidence in a criminal investigation. That’s especially true since the memos were created on an FBI computer and appear to be field 302 form, which are official investigatory documents used by the FBI.

Even if the documents were unclassified (and I can’t imagine why they wouldn’t be) 18 U.S.C. § 641 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.”

By leaking these documents, James Comey also violated Nondisclosure Agreements they were subject to that he signed, as well as the FBI’s own strict rules. From the FBI website:

“Dissemination of FBI information is made strictly in accordance with provisions of the Privacy Act; Title 5, United States Code, Section 552a; FBI policy and procedures regarding discretionary release of information in accordance with the Privacy Act; and other applicable federal orders and directives.”

Comey’s statement about his pristine motivations does not pass the smell test. Nor can he claim lack of intent. His use of a separate party to leak these documents to the media shows that Comey knew very well that what he was doing was illegal and wrong.

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Then, there’s the little matter of perjury.

Just a short time before James Comey admitted he leaked documents to the media, he appeared before the Senate Judiciary Committee. And you know what? On that date, under oath, he told Sen. Charles Grassley (R-IA) on May 3rd that he never leaked secret information or been an anonymous source for the media.

Lying under oath is perjury, a felony.

Whoopsie.

President Trump’s personal lawyer, Marc Kasowitz, said, in a statement to reporters following Comey’s testimony, that the matter will be left to the “appropriate authorities” to investigate.

 

“Today, Mr. Comey admitted that he leaked to friends his purported memos of these privileged conversations, one of which he testified was classified. He also testified that immediately after he was terminated he authorized his friends to leak the contents of these memos to the press in order to ‘prompt the appointment of a special counsel,’” he said. “Although Mr. Comey testified he only leaked the memos in response to a tweet, the public record reveals that the New York Times was quoting from these memos the day before the referenced tweet, which belies Mr. Comey’s excuse for this unauthorized disclosure of privileged information and appears to entirely retaliatory. We will leave it the appropriate authorities to determine whether this leaks should be investigated along with all those others being investigated.”

 

Imagine this kind of behavior after he had assured President Trump he would sic the FBI on leakers!!!

Will Comey be prosecuted? He should be, but if it were my decision, I’d wait until he felt safe. He’s obviously got a book deal and a tour planned. Wait until that’s imminent.

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James Comey told a number of other whoppers in his testimony…a number of people have already pointed that out. And I guarantee you that the stuff he refused to discuss ‘in an open session’ further exonerates President Trump and further destroys the fever swamp ravings of the Democrats and their media.

One thing we know for certain is that President Trump should have fired James Comey on January 20th. And that firing him when he did and in the manner he did was fully justified. So would prosecuting him for the crimes he committed.

Rob Miller

Rob Miller writes for Joshuapundit. His articles have appeared in The Jerusalem Post, The Washington Examiner, American Thinker, The Los Angeles Times, The Atlanta Journal-Constitution, The San Francisco Chronicle, Real Clear Politics, The Times Of Israel, Breitbart.Com and other publications.

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