A Higher Priority: The Investigation of James Comey Raises Serious Questions Over His Leaking Of FBI Material
Posted: April 24, 2018 Filed under: Crime & Corruption, Law & Justice, Politics, U.S. News | Tags: Classified material, FBI, James Comey, Jonathan Turley 1 CommentJonathan Turley writes:
… The release of the memos already contradicts critical aspects of Comey’s explanation for his leaking of the information. What is troubling is that many have worked mightily to avoid the clearly unprofessional aspects of Comey’s conduct. Comey could well be accurate in his account of Trump and justified in his concerns over Trump’s conduct but that does not excuse the actions that he has exhibited in both the leaking of the memos and the timing of his book. Comey’s best-selling book, A Higher Loyalty: Truth, Lies, and Leadership, could prove tragically ironic if Comey showed a higher loyalty to himself in responding to his own firing rather than the investigation that he once headed. In the very least, there remains a serious question of Comey’s priorities in these matters.
Here is the column:
One day after the disclosure that the Justice Department inspector general has recommended criminal charges against former FBI deputy director Andrew McCabe, it has been confirmed that fired FBI director James Comey is under investigation by the same office for leaking information to the media. This disclosure followed the release of the Comey memos, which seriously undermined both Comey and his cadre of defenders. Four claims by Comey are now clearly refuted, and the memos reaffirm earlier allegations of serious misconduct.
James Comey was a leaker
For more than a year, various media experts have advanced dubious defenses for Comey, including the obvious problem that the man charged with investigating leaks became a leaker himself when as it suited him. Clearly, Comey removed the memos and did not allow for a predisclosure review of the material. Moreover, the memos were withheld by Comey’s surrogate, a Columbia University law professor, who reportedly read the information to the media.
If taking and disclosing memos were perfectly proper, why the surrogate and subterfuge? More importantly, Comey did not disclose the memos to Congress or hold copies for investigators. If Comey was not a leaker, then any fired FBI agent could do the same with nonpublic investigatory material. If the inspector general agreed with that position, then federal laws governing FBI material would become entirely discretionary and meaningless.
The memos were FBI material
Various media experts and journalists also defended Comey by portraying the memos as essentially diary entries. When I argued that the memos clearly were FBI material subject to limits on removal and disclosure, the response was disbelief. Legal expert and former FBI special agent Asha Rangappa said that these constituted “personal recollections,” and CNN legal expert and Brookings Institution fellow Susan Hennessey wrote, “It’s hard to even understand the argument for how Jim Comey’s memory about his conversation with the president qualifies as a record, even if he jotted it down while in his office.”
The plain fact, then and now, is that it’s hard to understand that it would be anything other than a record under federal rules. These were memos prepared on an FBI computer, in the course of an FBI investigation. All FBI agents sign a statement affirming that “all information acquired by me in connection with my official duties with the FBI and all official material to which I have access remain the property of the United States of America” and that an agent “will not reveal, by any means, any information or material from or related to FBI files or any other information acquired by virtue of my official employment to any unauthorized recipient without prior official written authorization by the FBI.” Read the rest of this entry »
The Framers and the Fourth: Criticism Of Independence Day Celebrations Ignores Our Collective History
Posted: July 5, 2017 Filed under: History, Law & Justice, Politics, Think Tank | Tags: 4th of July, America, Founders, Independence Day, Jonathan Turley, United States Leave a commentEvery Fourth of July, some celebrity will attract national attention by denouncing the holiday as a type of slaver’s celebration. This year was no exception. In past years, I have said nothing because these comments reflect understandable conflicted feelings by African Americans and others whose ancestors lived through decades of oppression and discrimination. However, it is time to put part of this criticism to rest . . . at least in part. There is a tendency to ignore those Framers who advocated emancipation at our founding and the recognition of the scourge of slavery that would forever taint our history.
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New Lawsuits Could Determine Not Only The Legal Status Of The Comey Memos But The Legality of Comey’s Actions
Posted: June 18, 2017 Filed under: Crime & Corruption, Law & Justice, U.S. News | Tags: DOJ, Donald Trump, FBI, Jonathan Turley Leave a commentLast week, CNN filed a lawsuit seeking the famous Comey memos from the FBI, which is discussed in the column below in The Hill newspaper. The lawsuit could produce an official characterization of the status of the memos as either personal or FBI information. After this column was posted, Judicial Watch also filed a lawsuit seeking the memos which it maintained were the property of the FBI. The lawsuit states “Upon learning that records have been unlawfully removed from the FBI, you then are required to initiate action through the Attorney General for the recovery of records.” These lawsuits could prove vindicating or implicating for Comey.
Here is the column:
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Did The Special Counsel’s Office Just Leak Against Trump?
Posted: June 14, 2017 Filed under: Breaking News, Law & Justice, Politics, White House | Tags: Investigation, Jonathan Turley, leaks, media, news Leave a commentThe Washington Post is reporting that Special counsel Robert Mueller’s investigation into Russia’s interference in the 2016 election has now expanded to look into whether President Donald Trump attempted to obstruct justice. What is most notable is not the investigation of obstruction of justice. Rather it is the fact of the leak that is alarming. Former FBI Director James Comey (who followed Mueller at the Bureau and has had a long relationship with Mueller) just admitted to leaking damaging information against Trump. Comey, who was tasked with investigating leakers, became a leaker himself. Now, the Special Counsel’s office is accused by Trump’s counsel of leaking informing damaging to Trump — an office that could be asked to consider unauthorized leaks as part of its investigation. While such leaks could come from witnesses, those witnesses appear in large part high-ranking members of the Trump administration.
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Mueller Hires Justice Official With History Of Arguing For Expansive Interpretation of Obstruction of Justice
Posted: June 13, 2017 Filed under: Crime & Corruption, Global, Law & Justice, Mediasphere, Think Tank, U.S. News, White House | Tags: Jonathan Turley, Mueller, Obstruction of Justice, Special prosecutor, U.S. Department of Justice 1 CommentDid Comey Violate Laws In Leaking The Trump Memo?
Posted: June 8, 2017 Filed under: Crime & Corruption, Law & Justice, Politics, Russia, White House | Tags: FBI, James Comey, Jonathan Turley, Law, leaks, Testimony Leave a commentOne of the most interesting new disclosures today in the Comey hearing was the admission by former FBI Director James Comey that he intentionally used a “friend” on the Columbia law faculty to leak his memos to the media. Comey says that he did so to force the appointment of a Special Counsel. However, those memos could be viewed as a government record and potential evidence in a criminal investigation.
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The Russian Disclosure: Trump’s Game of Truth or Dare
Posted: May 18, 2017 Filed under: Global, Law & Justice, Mediasphere, Politics, Russia, Think Tank, White House | Tags: Donald Trump, Jonathan Turley Leave a commentBelow is my column in USA Today on President Donald Trump’s disclosure of highly classified information to the Russians in his controversial meeting after the firing of James Comey. While the Administration issued a series of categorical denials of the underlying stories as “false,” the next day it appeared to acknowledge that Trump did in fact reveal the information. As discussed below, it was a wise decision not to repeat the initially misleading statements to Congress. The intelligence was reportedly generated by Israel, which did not give permission to the President to make the disclosure to the Russians. Since the New York Times and Washington Post did not say that Trump released “sources and methods,” it now appears that the White House is not claiming that the stories were false. It is the latest example of denials from the White House which then lead to embarrassing reversals over the…
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The Ginsburg Gamble and the Future of the Supreme Court
Posted: April 12, 2017 Filed under: History, Law & Justice, Politics | Tags: Jonathan Turley, Justice Ginsburg, Mitch McConnell, Neil Gorsuch, Ruth Bader Ginsburg, SCOTUS, Supreme Court Leave a commentBelow is my column on the unfolding future of the Supreme Court after the confirmation of Justice Neil Gorsuch and the elimination of filibusters in the selection of Supreme Court nominees. For years, commentators have been discussing the timing of the retirement of our older justices, including Justice Ginsburg. There was rising concern when Ginsburg decided to stay on the Court past the midterm mark of the second Obama term. Those concerns have now been magnified and realized with the Trump election and filibuster elimination. Of course, the same concerns are raised by the possible retirement of Justice Anthony Kennedy, the swing vote on the current Court. New rumors have arisen this week about Kennedy. However, of all of the older justices, it is replacement of Ginsburg that could produce the most profound changes for the country.
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NY Times: Obamacare Extensions ‘A Sweeping Exercise of Executive Power’
Posted: December 25, 2013 Filed under: Mediasphere, Politics, U.S. News | Tags: Christmas Eve, George Washington University Law School, Jonathan Turley, Obama administration, Patient Protection and Affordable Care Act, White House 2 CommentsWynton Hall writes: On Christmas Eve, the Obama administration announced yet another Obamacare enrollment extension on its HealthCare.gov blog for anyone who claims to have missed the myriad sign-up deadlines due to problems with the website.
The New York Times called the announcement “vague” and noted that “it was not clear on Tuesday how many people would be affected, or how consumers would prove that website errors had prevented them from signing up by the deadline on Tuesday night.”
The Obama administration announcement also failed to note when the “special enrollment period” would cease; however, White House spokesperson Tara McGuinness assured Americans it is not offering a “blanket extension” but will consider “assistance to individuals on a case-by-case basis.”
Insurance industry experts say the White House’s endless rounds of delays and shifting deadlines create more confusion and uncertainty in an already murky market.
“The goal posts keep moving,” insurance lawyer William G. Schiffbauer told theTimes. “That raises questions about whether insurers can collect premiums in a timely manner to pay claims from doctors and hospitals.”
BIG LOVE: Federal Judge Declares Utah Polygamy Law Unconstitutional
Posted: December 14, 2013 Filed under: Breaking News, Law & Justice, Mediasphere, U.S. News | Tags: Clark Waddoups, Jonathan Turley, Polygamy, Sister Wives, Utah 4 Comments
Joe Pugliese | TLC Kody Brown, right, with “sister wives” Christine, left, Meri, Robyn and Janelle. The Brown family says Utah’s bigamy statute is unconstitutional and is suing the state.
District court ruling finds key parts of Utah polygamy laws unconstitutional
Jim Dalrymple writes: Judge Clark Waddoups’ 91-page ruling, issued Friday, sets a new legal precedent in Utah, effectively decriminalizing polygamy. It is the latest development in a lawsuit filed by the family of Kody Brown, who became famous while starring in cable TV channel TLC’s reality series “Sister Wives.” The show entered a fourth season at the end of the summer.
Statement from Kody Brown:
The entire Brown family is humbled and grateful for this historical ruling from the court today. Like thousands of other plural families, we have waited many years for this day. While we know that many people do not approve of plural families, it is our family and based on our beliefs. Just as we respect the personal and religious choices of other families, we hope that in time all of our neighbors and fellow citizens will come to respect our own choices as part of this wonderful country of different faiths and beliefs. There are so many families who have waited for so long for this ruling and, on their behalf, we can only say: thank you, Judge Waddoups, for your courageous decision. We want to particularly thank our lead counsel Professor Jonathan Turley who represented us through the criminal investigation and then led the fight against this law. We also want to thank the team of lawyers and students from George Washington, including our local counsel Adam Alba. We are so honored and blessed to have been able to serve as the vehicle for this milestone ruling. Professor Turley has pledged to defend this decision on appeal and we are equally committed to fight to preserve this great victory.
Waddoups’ ruling attacks the parts of Utah’s law making cohabitation illegal. In the introduction, Waddoups says the phrase “or cohabits with another person” is a violation of both the First and 14th amendments. Waddoups later writes that while there is no “fundamental right” to practice polygamy, the issue really comes down to “religious cohabitation.” In the 1800s — when the mainstream LDS Churh still practiced polygamy — “religious cohabitation” in Utah could have actually resulted in “multiple purportedly legal marriages.” Today, however, simply living together doesn’t amount to being “married,” Waddoups writes.
“The court finds the cohabitation prong of the Statute unconstitutional on numerous grounds and strikes it,” Waddoups later writes.