True on both counts.
Any custodian of a public record who "willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys (any record) shall be fined not more than $2,000 or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States." While the range of acts proscribed by this subsection is somewhat narrower than subsection (a), it does provide the additional penalty of forfeiture of position with the United States.
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Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.
Comey's defense will be that the memos were "private" and not established as government records. Further, he will claim that even though he admitted leaking said memos to trigger a Special Counsel or a Special Prosecutor to go after President Trump, there was no violation of the law (then or now) and therefore he was not tampering with evidence. He simply wanted the Special Counsel to "look into things."
Done on a company computer on company time makes them company property doesnt it? That meeting with Trump was also company business.
Comey just keeps digging his hole deeper doesnt he?
Comey is as cunning as the most depraved criminal.
He’s made sure the memos got a lot of press.
I’m betting good mony those “memos” are going to pop up in his 10 million book.
Well the problem with that defense is that he already swore under oath he wrote it on his FBI laptop in his FBI provided car. And the meeting occurred in an official capacity.
Oh and he’s also in trouble if he lied in the memo too. He already admitted that he released the memo to influence the investigation. So if there is anything in there that was a lie...he’s in trouble for this “makes a false entry in any record, document or tangible object with the intent to...influence the investigation”
There are so many gotchas in what he did, but no one will go after him. If Trump wants to drain the swamp they need start by putting Comey in prision.
Destruction of evidence and obstruction.
He can have a cell next to Hillary.