In case you missed it, the DOJ Inspector General’s report on Comey’s memos released today, and in typical DC fashion, it’s being cherrypicked by literally everyone to meet their respective agendas.
How We Got Here:
To put this in context, it’s important to understand the time period we’re talking about. Pretend for a moment that you’re James Comey on January 6, 2017. That would have put you at Trump Tower in Manhattan, and it would make you one of a few people in the entire country that knew the President-elect and/or his closest associates were under investigation. You just had a totally bonkers meeting with the man who will be the President of the United States in a few short weeks, part of which involved informing him that the Russian government might be planning to blackmail him with videotapes of Russian hookers peeing on his bed in Moscow. The conversation is off-the-wall enough that you want to make sure you remember it, so you create a memo immediately upon returning to your vehicle.
Then, shortly after inauguration, you have dinner with the President. He reminds you that he was definitely not, under any circumstances, involved with any hookers in Moscow. Buuuuut, just in case he’s misremembering, he might ask you to investigate it to disprove the allegations… you know, for Melania’s peace of mind. Yeah, that’s it. For Melania. Oh, and then he tells you that he expects loyalty from the people who work for him, because he has no idea that your real duty is to The Constitution and to the American people.
Then, in February, Trump tells you that Putin told him that Russia had the most beautiful hookers in the world, but reminded you that he (Trump) would know *nothing* about that. Then he fires Michael Flynn, after two weeks of knowing that he was a serious risk for blackmail – for both himself and his administration, including the Vice President – because he had been lying to the American people since before the inauguration. The next day, Trump clears the Oval Office and asks you to “let Flynn go.”
There are more phone calls, more Trump asking you to “lift the cloud” and tell the American people that he wasn’t under investigation. Then, you get fired.
So, what’s in the IG report?
The IG report starts off by highlighting the fact that there were a total of 7 memos created by Comey that were directly related to Trump. All quotes below can be found in the full IG Report:
“Comey, who had original classification authority as FBI Director, marked a small amount of information in Memo 1 as classified at the time that he wrote it. Comey also believed that Memo 3 contained classified information when he wrote it, but did not mark the document as classified. Comey kept signed originals of Memos 2, 4, 6, and 7 in a personal safe in his home and, following his May 2017 removal as FBI Director, provided his personal attorneys with copies of Memos 2, 4, and 6, and a redacted version of Memo 7; Comey never took copies of Memos 1, 3, and 5 to his home, and never shared these Memos with anyone outside the FBI.“
So, the three memos that Comey deemed to contain classified information, he never took outside the bureau OR shared with anyone. Let’s continue.
“In June 2017, following Comey’s removal as FBI Director, the FBI reviewed the Memos to determine if any of the Memos contained classified information. The FBI determined that Memos 1 and 3 contained information classified at the “SECRET” level, and that Memos 2 and 7 contained small amounts of information classified at the “CONFIDENTIAL” level. The FBI designated Memos 4, 5, and 6 as unclassified, “For Official Use Only.”
FOUO is not *really* a classification, but still shouldn’t be disseminated outside the appropriate channels. Comey, for his part, was unaware of the new classification review of the memos after his departure, prior to him receiving them back for his Congressional testimony on June 7th. Their decision to not seek prosecution is probably heavily based on this; it’s kind of hard to prosecute someone for something that was changed retroactively.
It looks as if Comey did a good job not taking or sharing memos 1 and 3, because those contained information classified at the “SECRET” level.
Quick note on classification:
“Confidential” is the lowest level of classification for matters of national interest. The release of confidential information “could” damage national security. “Secret” is next, and carries the potential for “serious damage” to national security if released. “Top Secret” is the highest clearance most people hear about. Information at the top secret level has the potential to cause “grave damage” to national security if released inappropriately. There’s also SCI or “secure compartmented information” also known as “code word intelligence.” SCI is generally the most highly-guarded information in our possession. When you hear about someone being “read in” to something on movies, or in the media, this is usually what they’re talking about. This is the kind of stuff you go to jail for a long long time for sharing, unless of course you’re the President of the United States and bragging to Russians in the Oval Office.
Back to the IG Report
“On May 14, 2017, Comey used his personal scanner and private email account to provide electronic copies of Memos 2, 4, 6, and 7 to one of his personal attorneys. Three days later, on May 17, that attorney provided, via a personal email account, copies of these four Memos to two other attorneys, who were also part of Comey’s legal team. Of the Memos Comey shared with his attorneys, Memo 2 contained six words that the FBI determined in June 2017 to be classified at the “CONFIDENTIAL” level;3 Memos 4 and 6 contained information that the FBI determined in June 2017 to be “For Official Use Only,” but did not contain classified information; and Memo 7 was redacted by Comey before transmission, which obscured the information in Memo 7 that the FBI determined in June 2017 to be classified. Comey did not seek authorization from the FBI before providing Memos 2, 4, 6, and 7 to his attorneys.”
“On May 16, 2017, Comey provided a separate copy of Memo 4 to Richman, who was one of Comey’s attorneys and also a close personal friend. Richman also had served as a Special Government Employee at the FBI during a portion of the time that Comey was FBI Director. Comey sent photographs of both pages of Memo 4 to Richman via text message from Comey’s personal cell phone. Comey instructed Richman to share the contents of Memo 4, but not the Memo itself, with a specific reporter for The New York Times. Comey did not seek FBI authorization before providing the contents of Memo 4, through Richman, to a reporter. As noted above, the FBI later marked Memo 4 “For Official Use Only” and determined that it did not contain 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.“
If you read the footnotes on the page that offers the above information, you’ll see that four of the six words that the FBI is calling “confidential” were the names of countries. The argument from the IG is that they should have been marked CONFIDENTIAL//NOFORN, which means they could have had an impact on foreign relations. The rest of the IG quibbles appear to be with two words that aren’t mentioned. If that seems extraordinarily picky to you, welcome to the club.
They do, however, admit that Comey appropriately classified and/or redacted everything else.
Conclusions
The IG faulted Comey for several of his actions that were taken during his 5 months in the Trump administration. Some of it was justified, and some of it was, frankly, bureaucratic BS.
The classification process is – and always has been – exceedingly onerous. As the FBI Director, Comey had original classification authority. Retroactively second-guessing the decisions he made and finding *six* words that should have been classified is extraordinarily petty on the part of the IG.
The IG’s primary argument is that “Comey had several other lawful options available to him to advocate for the appointment of a Special Counsel, which he told us was his goal in making the disclosure. 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.”
That’s a bunch of crap. I saw it explained on Twitter really well earlier, so I’m going to borrow it (with attribution, of course):
Matthew Miller (@matthewamiller): The IG has basically faulted Comey for speeding on his way to tell the village that a fire was coming. Such a narrowly-scoped view of the world.
Pretty much.
To be fair, Comey did break policy by keeping 4 of the memos. They were compiled during the course of his official duties, so they were by definition FBI property. He should have, at the very least, notified the FBI that he still had them – and we should all be glad that he didn’t: without Comey skirting DOJ regulations here, we wouldn’t have gotten a special counsel, and the country wouldn’t understand the depths to which this administration has gone in an attempt to hide their perfidy.
Comey took steps to ensure that the information didn’t fall into the wrong hands. I’ve seen Republicans comparing him Snowden, and that’s absolutely asinine. He didn’t release *any* memos that contained classified information, and he only shared his memos with his attorneys and with a personal friend who had previously worked for the FBI, and therefore had the appropriate clearance to view them even if they *were* classified.
Regulations absolutely exist for a reason, but they are also able to be broken in extreme circumstances. If the President of the United States potentially being a Russian asset doesn’t qualify as an extreme circumstance, I don’t know what does.