It's in the Introduction. Bottom of Page 2: "Upon completing our investigation, pursuant to Section 4(d) of the Inspector General Act of 1978, the OIG provided a copy of its factual findings to the Department for a prosecutorial decision regarding Comey's conduct. See 5 U.S.C.A. App. 3 § 4(d) (2016). After reviewing the matter, the Department declined prosecution."
After reviewing the matter, the Department declined prosecution.”
Great find. Maybe I should put that in my tagline. Ha ha.
That is referring to the previous IG report of factual findings. Today’s report is a separate report regarding “whether Comey’s actions violated Department or FBI policy, or the terms of Comey’s FBI Employment Agreement. As described in this report, we conclude that Comey’s retention, handling, and dissemination of certain Memos violated Department and FBI policies, and his FBI Employment Agreement.”
Of course, this is probably a distinction without a difference; if he wasn’t prosecuted for the findings that he criminally leaked documents to the media, I can’t see him being prosecuted for violations of policy or an employment contract.
Included in my disappointment is what I detect (as an attorney reading the report), there are a number of false choices set up to reach a predetermined outcome. Every effort is made to parse meanings about whether the documents were or were not classified. In some cases, the FBI itself was relied on to make determinations of whether the documents, in retrospect, should be considered classified. Yes, the same FBI that has been covering the agency’s butt with relentless stonewalling and obfuscation, the same one that has a new boss (Wray) just like the old boss, whose primary mission is to protect tha agency and not to honestly investigate its own lawlessness.