It is not being disputed that what Comey did was illegal. It is agreed that what he did was illegal. The only reason DOJ said they would not prosecute was because it would be difficult to prove Comey’s intent. They are not saying what he did was legal or that the memo was not classified.
The Justice Department Inspector General Michael Horowitz sent a referral to the Justice Department about memos Comey leaked, which he testified was done in the hopes they would spark a special counsel investigation. Although prosecutors found the watchdog’s findings compelling, they decided against prosecution under classified information protection laws because of there being too much uncertainty surrounding Comey’s intent. Comey has denied leaking classified information in his memos.
Comey broke the law - undisputed. What does intent have to do with it?
I would think that his actions in releasing the memo would verify intent. Why not let a jury decide?