Comey’s notes are “work product”, taken in the course of his official duties.
They are gov’t property, and not his to leak.
I believe this is illegal, but, unlikely to be prosecuted.
I believe this is illegal, but, unlikely to be prosecuted.<<
Ask Scooter Libby
Comey’s notes are “work product”, taken in the course of his official duties.
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Correct. He wrote the memo while employed by the American taxpayer. Those notes were not his to leak.
Based on your comment, you probably know that what Comey leaked is considered, at a minimum, Sensitive But Unclassified (SBU) information that requires strict controls over its distribution. All federal employees who handle sensitive and classified information receive training on their responsibilities on how to handle and safeguard such information. They know well that there are penalties for violating this trust. Comey clearly knew he was violating the law.
Yes! He probably also typed the notes on a government-issued laptop, while sitting in a car which likely belonged to the government. His notes are federal property that did not belong to him.
If his laptop belonged to the Feds, and he returned it when he was fired, how is that he still has a copy of the notes? He must either have printed them out, or, more likely emailed or transferred them to his own computer at home. Then he emailed them to his Columbia friend and asked him to give the memo to the NYT. Besides the notes being the property of the US Government, if he didn’t consider his notes to be “classified”, he certainly must have considered them to be “sensitive”. It sure seems to me that every action he took in this chain of events was illegal.
But, just as you said, nothing will be done.
I think you are on to something.
With many employers I have signed more often than not an agreement that all such products containing company private information belong to the company and cannot be disclosed. And upon my termination I must surrender all such items. I was wondering also if Comey, who recorded the content of his duscussion with POTUS, whether he was in fact leaking "work product" similarly covered by agreement.
He should have turned over ALL such product on his departure. He may have created them, but they are not "his".
He should be prosecuted. He clearly stated his "intent" to leak secure information.