This may just be posturing by Trump’s lawyer for some behind the scenes reason.
Comey isn’t a govt employee now.Not sure what repercussion there are to this since no classified info in them.
“In earlier testimony, Comey had said he wrote the memos specifically not to contain any classified information, so that they might be more easily used.”
It doesn’t have to be classified. That was an official FBI record/work product. There are plenty of laws that an agent cannot release such records to a friend intending that that friend pass them to a reporter.
It does not matter that he is not a govt employee now. You think a retired FBI agent can release all of hi written interview notes at will? No, they don’t own them.
Ask any scientist working in a government lab who owns what they invent. Ask any military man if he is free to speak of legally protected confidential matters as soon as he separates.
That was an FBI record he produced. And released to a friend.
If these after the fact memos were written to document behavior that could be used to charge the POTUS with obstruction of justice then leaking them should be tantamount to disqualifying them as evidence!