Thread by @JohnWHuber

IG report on @Comey is out 🚨

“Report of Investigation of Former Federal Bureau of Investigation Director James Comey's Disclosure of Sensitive Investigative Information and Handlin of Certain Memoranda”

Full PDF: oig.justice.gov/reports/2019/o…

@Comey Comey skates on the leaking of classified information:

"We found no evidence that Comey or his attorneys released any of the classified information contained in any of the Memos to members of the media" (Page 2)

Since this is the key phrase @Comey has latched onto, I'll explain

—Comey leaked the contents of a CLASSIFIED memo to his attorneys (his dinner with Trump; Memo 2 in the IG report)

—One of those attorneys (Richman) then leaked the contents of this memo to the NYT...but supposedly *not the classified portions*

Richman had a security clearance between 2015 and 2017 (TS/SCI). He quit the FBI in Feb 2017 but wasn't "read out" until July 2017, meaning he technically had a clearance when Comey leaked the classified dinner memo (Memo 2) to him in May 2017

(Footnote 66)

So Richman didn't have a "need to know", wasn't even working for the FBI anymore, but he did technically have a clearance that hadn't lapsed yet, so Comey just about gets away with giving him classified information

Since Memo 2 (the dinner with Trump memo) was retrospectively classified by the FBI, Comey couldn't have known which parts were classified when he leaked it to Richman and co. And they couldn't know either.

So it appears to be just dumb luck that Comey's attorney's didn't give the classified parts to the NYT (or if they did, that the NYT didn't print those parts of Memo 2).

Despite skating — technically and just barely — on the CRIME of leaking classified info, the IG rips @Comey a new one for his behavior in general

"By disclosing the contents of Memo 4, through Richman, to the NYT, Comey made public sensitive investigative [info] related to an ongoing FBI investigation, [info] he had properly declined to disclose while still FBI Director during his March 20, 2017 congressional testimony"

"The unauthorized disclosure of this information—information that Comey knew only by virtue of his position as FBI Director—violated the terms of his FBI Employment Agreement and the FBI's Prepublication Review Policy"

"Members of Comey’s senior leadership team used the adjectives “surprised,” “stunned,” “shocked,” and “disappointment” to describe their reactions to learning that Comey acted on his own to provide the contents of Memo 4, through Richman, to a reporter"

The IG also finds:

—Comey violated DOJ & FBI policies (by releasing official FBI info to 3rd parties without permission)

—Comey violated his FBI employment agreement (by failing to surrender his memos)

—Comey improperly designated his memos as personal (they were FBI records)

The IG also finds that

—Comey violated Executive Order 13526 and Intelligence Community, DOJ, and FBI policies governing marking of classified information (by not marking Memo 3 as containing classified info)

"Former Director Comey failed to live up to [his] responsibility...[to] safe[guard] sensitive information"

"By using it to create public pressure for official action, Comey set a dangerous example"

"Comey had several other lawful options available to him"

"What was not permitted was the unauthorized disclosure of sensitive investigative information, obtained during the course of FBI employment, in order to achieve a personally desired outcome" (N.B: Mueller's appointment)

SUMMARY (1/2)

*Comey skates on a crime*

—He leaked memos to his attorney's that contained classified info (one had clearance)

—He directed his attorney's to leak their contents to the media

—They did leak to the media BUT: they didn't leak the classified portions of the memos

SUMMARY (2/2)

*Comey violated IC/FBI/DOJ policy*

—Leaked to the media for personal reasons, had other legal options open to him

—Gave classified info to attorneys

—Failed to properly identify classified info in a memo

—Didn't surrender his memos

—Set a "dangerous example"