Catch up on stories from the past week (and beyond) at the Slashdot story archive

 



Forgot your password?
typodupeerror
×
United States Government Politics

DOJ: Former FBI Director James Comey Violated Policy On His Trump Memos -- But Won't Be Prosecuted (npr.org) 197

Former FBI Director James Comey violated official policy in the way he handled his memos describing his exchanges with President Trump, an investigation concluded -- but Comey won't be charged. . An anonymous reader shares a report: Justice Department Inspector General Michael Horowitz conducted the investigation into Comey's actions and then referred his results to prosecutors. "After reviewing the matter, the DOJ declined prosecution," the IG's office said in a statement on Thursday. Investigators concluded that Comey broke several rules. One involved the former director's decision to arrange for a friend to disclose the contents of a memo to a reporter with The New York Times. Another involved Comey's decision to keep memos at home and discuss them with his lawyers but not reveal their contents or what he was doing to the FBI. FBI officials have since assessed that some of the material in Comey's memos deserved to be classified as "confidential," the lowest level of classification. But investigators didn't establish that Comey revealed any secret information to the press. The former FBI director responded on Twitter on Thursday morning by quoting a section of the IG report and pointing out what he called all the untruthful things said about him and other matters by Trump and the president's supporters.
This discussion has been archived. No new comments can be posted.

DOJ: Former FBI Director James Comey Violated Policy On His Trump Memos -- But Won't Be Prosecuted

Comments Filter:
  • by CaptainDork ( 3678879 ) on Thursday August 29, 2019 @10:27AM (#59137202)

    or not.

    • by PolygamousRanchKid ( 1290638 ) on Thursday August 29, 2019 @11:01AM (#59137374)

      or not.

      We don't come here to read the news. We can do that elsewhere. We come here to hear what other nerds think about the news.

      Here on Slashdot, someone could post a comment about the size of Kim Kardashian's butt.

      Someone would post that "I am mathematician specialized in female topology" . . .

      And the next would post, "I am the Dean at the Harvard School of Buttology".

      That's the fun thing about Slashdot . . . it costs nothing . . . and it is worth everything that you pay for it!

    • Welcome to slashdot. You can join any time, there is no test.

      But don't come to tell us what the site is about. If you're not sure, try asking instead.

      • Welcome to slashdot. You can join any time, there is no test.

        But don't come to tell us what the site is about. If you're not sure, try asking instead.

        This is one of the least relevant stories that has made it to the main page in quite a long time. A former high ranking political appointee is not going to be prosecuted for mishandling documents in a non technical way that were later deemed to be somewhat sensitive. Yeah, if you like digging into politics you can paint it one way or the other, but it's pretty boring even by those standards.

        • by meglon ( 1001833 )

          This is one of the least relevant stories that has made it to the main page in quite a long time.

          You clearly haven't been paying attention to the amount of complete dreck that gets posted on /.

  • by Anonymous Coward on Thursday August 29, 2019 @10:36AM (#59137260)
    He cannot be prosecuted. A policy is not a law.
    • by garyisabusyguy ( 732330 ) on Thursday August 29, 2019 @10:46AM (#59137312)

      Yes, but expect it to be added to the Airing of Grievances for trumps continuing Festivus

      • Trump would prefer everyone waste time on Comey, than on Trump wasting everyoneâ(TM)s time.
      • by shanen ( 462549 )

        Yes, but expect it to be added to the Airing of Grievances for trumps continuing Festivus

        What is that moderation (as "funny") supposed to mean? Is "Festivus" the point of the joke?

        At least the "insightful" mods can be meaningfully interpreted as "some troll's sock puppets with mod points like this".

        As regards the actual story, the part that bothers me is the notion Comey shouldn't have documented the conversation. He's a friggin' FBI agent. He's supposed to pay attention to EVERY suspicious or even weird thing.

        From an ekronomic perspective, it is again reduced to a timing game. Will the real cr

        • Not sure what ekronomics is

          As far as 'Funny' goes, Festivus is sourced from The Seinfeld Show, and some people found that show to be funny

          Mostly, I do not depend on troll farms or sock puppets for upvotes, in fact for the past 4 years I just posted as AC (silent protest against monetization of /.), and still managed to get voted up into visible status

          More than likely it is because I have been on /. since the end of the last millennium (lost old id with the aol account it was based on) , and I just might be

          • by shanen ( 462549 )

            No, that is NOT what I wrote and I did NOT write it that badly, even allowing for the "funny" context.

            I missed the Seinfeld Show. All of it. Though I did hear nice things about it, and I've seen him in some other contexts and found him amusing, witty, or better. Probably short of hilarious, but that's rare. Some bits of Stewart Lee? Some of the old Daily Show?

            Don't know about the relationship of moderation to the monetization of /., but whatever they are doing along those lines, it does not appear to be wor

          • Oh yeah. Ekronomics.

            In simplest form, Time >> Money.

            One presentation of Ekronomics 101 appears in this link: https://hardware.slashdot.org/... [slashdot.org]

            Amusingly enough, internal search within Slashdot did not find it, but an external websearch did. So add Slashdot's internal search to the list of problems that should be fixed? (Not high on my own list, however.)

    • Re: (Score:2, Troll)

      by tsqr ( 808554 )

      He cannot be prosecuted. A policy is not a law.

      You don't know what you're talking about. Of course he could be prosecuted for violating policy, if the policy prohibits acts that are against the law. Many of corporations have published policies prohibiting behavior that would be prosecuted under state or Federal law; for example, bribing foreign officials.

      • Re: (Score:3, Informative)

        Comment removed based on user account deletion
        • by tsqr ( 808554 )

          This is what is commomly referred to as a distinction without a difference.

          • The difference is that at most you can be dismissed from your position for a policy violation, whereas you can go to jail for violating the law.

            I'd say that is a significant difference.

        • by rastos1 ( 601318 )

          ... you can't be convicted for violating policy. You can only be convicted of breaking a LAW.

          You can get convicted for violating the law, but you even if you are, there can be a policy that sets you free. Did I get that right?

    • He cannot be prosecuted. A policy is not a law.

      Insert appropiate POTC saying "It's more of a guideline." However, why take down a traitorous chump for jaywalking when you can hang him for treason? As someone one said, "These people are stupid. We have everything."

  • the policies weren't law, it's an HR kinda thing

    • Re: (Score:3, Insightful)

      by lgw ( 121541 )

      When your work for the FBI, or any agency with government secrets, "policy" and "law" are intertwined.

      I can tell you for sure that the right sees this as confirmation that the rule of law is dead in America. That the justice system just does not apply to powerful Democrats and their friends.

      The thing about the justice system: it's primary benefit is to prevent people from taking justice into their own hands. I fear that's coming. There are a lot of people on the right these days just waiting for the cold

      • except these weren't intertwined with law, hence no prosecution.

        I agree there is a problem here but both the Republicans and Democrats have lifted their misdeeds above the rule of law. They are both the parties of power and money grubbing dirtbags.

        • Comey was referred for prosecution so clearly the Inspector General thought laws were broken.

        • by lgw ( 121541 ) on Thursday August 29, 2019 @02:45PM (#59138456) Journal

          I agree there is a problem here but both the Republicans and Democrats have lifted their misdeeds above the rule of law. They are both the parties of power and money grubbing dirtbags.

          The powerful establishment politicians of these parties have. It's the 90% that give the rest a bad name.

          But who's behind the scenes, pulling the strings? Who's really in charge of things in America? No, it's not the Jews, thank you Stormfront, go away. But it is someone. Some potion of America's old-money richest families. People who see Trump as a middle-class boor, not part of the upper class.

      • Re: (Score:3, Insightful)

        by Dunbal ( 464142 ) *

        The thing about the justice system: it's primary benefit is to prevent people from taking justice into their own hands.

        Correct. It eliminates all those duels and trials by combat people used to do, as well as endless vigilantism. But the key point here is if you take justice out of people's hands - you have to actually provide justice. Every time justice is chipped at by a broken legal system brings us one step nearer to chaos and a return to mob/feudal rule.

      • Re: (Score:3, Informative)

        When your work for the FBI, or any agency with government secrets, "policy" and "law" are intertwined.

        I can tell you for sure that the right sees this as confirmation that the rule of law is dead in America. That the justice system just does not apply to powerful Democrats and their friends.

        The thing about the justice system: it's primary benefit is to prevent people from taking justice into their own hands. I fear that's coming. There are a lot of people on the right these days just waiting for the cold civil war to turn hot, looking forward to settling decades worth of grievances promptly and permanently.

        It is very much in the interest of those in power these days to err on the side of being seen as having to follow the same laws as the rest of us. Things get very dark if people lose faith in that,

        Repeat after me "criminal Hillary", "criminal Hillary" then drool and rant. Nothing handed that fucking moron Trump the presidency on a platter more than what Comey did. My mother in law is a rabid reader of the rags that put that shithead in power and it was absolutely the hacking of Hillary's emails and the suspicion that she was somehow a criminal conspirator leaking state secret information to the Russians that convinced her that the divine Donald was put on this earth to rid America of the "criminal de

  • by RedK ( 112790 ) on Thursday August 29, 2019 @10:36AM (#59137266)

    Rules for Thee, not for me.

  • So who watches the watchers is still unresolved. The rules are meaningless because there are no penalties for breaking them.

    And the FBI appears to be taking on the role of the Praetorian Guard in imperial Rome, selecting who gets to run for Emperor. That didn't end particularly well, but may be typical in a declining empire. Didn't the Janissaries do much the same in the Ottoman Empire?

    • Re: (Score:2, Troll)

      Comey believed the materials he released were unclassified, which means no mens rea: he did not act to violate the law, and rather took due diligence to not violate the law. Thus he cannot be prosecuted.

    • [...] And the FBI appears to be taking on the role of the Praetorian Guard in imperial Rome, selecting who gets to run for Emperor. That didn't end particularly well, but may be typical in a declining empire. [...]

      Well, the Praetorian Guard did get rid of Caligula and replaced him with Claudius. Definitely an improvement, although things did get out of hand near Nero's end during the "year of four emperors". So, who do you think the modern day equivalent of Calligula, Claudius, Nero, and the rest (Galba, Otho, and Vitellius) are?

      Also, consider one of the biggest reasons why the Praetorian Guard got rid of Calligula---he tormented one of their tribunes. Guess which tribune assassinated Caligula?

  • by belthize ( 990217 ) on Thursday August 29, 2019 @10:45AM (#59137300)

    Some information in Comey's memo's was retro-actively changed to confidential.

    None of the information Comey released to news agencies was secret: (a) he didn't release everything he had b) he didn't release the bits that were retroactively re-classified.

    He broke no laws. He did run afoul of policy but that has all the legal ramifications of a random HR doc pinned to the cork board by the coffee machine. In other words the FBI may decline to re-hire him. Not sure he cares.

    Interestingly enough he was vindicated in terms of statements AG Barr had made but apparently there's no real DoJ policy about the AG's public statements.

    Anyway it doesn't matter beyond more fodder for the left and right to argue over trivial details they don't really understand.

    • Re: (Score:3, Interesting)

      This is the usual misunderstanding of people that do not work with classified information, especially when trying to defend the illegal acts of their preferred politicians. Information is not retro-actively classified. Information that was classified all along was identified as being classified only after someone incorrectly claimed it wasn't. In this case, Comey incorrectly claimed his work notes were actually personal notes, and that these notes about ongoing criminal and counterintelligence investigat
    • Re: (Score:3, Interesting)

      by bobbied ( 2522392 )

      Whoa up there cowboy.

      I know it is hard for the partisans to understand what Comey did here and what his responsibilities were. So let me try and explain the necessary details.

      First, Comey *should* have know what was classified and what wasn't. You *can* be held responsible for mishandling classified information, even if you don't believe the information is classified. As the original producer of the information, it was HIS responsibility to properly classify and properly handle that information, which

      • by Aighearach ( 97333 ) on Thursday August 29, 2019 @11:35AM (#59137556)

        They "can't" charge him, because the defense would call the President as a witness, and he'd have to testify because the whole thing is about notes to a meeting with him.

        And if a crime was committed in that meeting, Comey has a bunch of different long-standing legal shields he could use, even including common-law self defense. There is absolutely no way to take those charges to trial without the main witnesses.

        And that testimony could become problematic for the President, especially after leaving office.

      • Re: (Score:2, Insightful)

        by Ryzilynt ( 3492885 )

        Whoa up there cowboy.

        I know it is hard for the partisans to understand what Comey did here and what his responsibilities were. So let me try and explain the necessary details.

        First, Comey *should* have know what was classified and what wasn't. You *can* be held responsible for mishandling classified information, even if you don't believe the information is classified. As the original producer of the information, it was HIS responsibility to properly classify and properly handle that information, which means you DO NOT take it home, you leave it in a secure container approved for said information. Comey broke two rules here. He improperly classified the information he produced, then he improperly protected it.

        Second, Comey had no right to remove ANY work product, classified or not, from the FBI when his employment ended. This was part of the terms of his employment which he agreed to when he was hired. He *should* have never taken the document in question and if he discovered he inadvertently retained a copy, he was under obligation to return it to the FBI. So if it was a document produced in the process of his work, it belonged to the FBI, not him.

        Third, he took a document he knew wasn't his to share and shared it with a "friend" with the instruction that it be given to the media for partisan political reasons. An action, by the way, that achieved the desired results (according to his own account).

        Comey is no boy scout here, what he did was wrong morally and ethically. It violated his terms of employment with the FBI and he did it for partisan political reasons. Let that sink in... Partisan political motivation... He was attempting to defame a sitting president and got us the Mueller investigation which turned up what?

        So like it or not, even if you like what Comey's actions produced, everybody has to admit that his actions where morally wrong, ethically wrong, broke the FBI rules and where politically motivated. It was a dirty trick by a partisan political operative. As such it should be viewed as a blight on Comey's career and he should be condemned.

        So, did he break the law? Well, it doesn't matter now does it? Sure, we can argue the case both ways and partisans will, but given that the DOJ has declined to prosecute, the time to argue this question is past. Live long and stay out of trouble James... You dodged a bushel of trouble this time, I suggest you be more careful in the future.

        But there is one more point that needs to be made here. IF you support the DOJ's decision not to prosecute Comey, are you being consistent in supporting the DOJ's other decisions? Unless you answer consistently, I would consider you a likely partisan, who isn't really interested in fairness, only politics.

        That's an awful lot of words to convey a bunch of pure bullshit.

        The FBI investigation into the president began shortly after Australia's top diplomat to Britain overheard campaign aid Papadpolous discussing the trump campaign working with Russia to get dirt on Clinton. https://www.nytimes.com/2017/1... [nytimes.com]

        Comey was aware of this investigation when he met with the president.

        The president of the United States then asked Comey to drop a criminal investigation against Michael Flynn. .

        The president of the United Sta

        • LOL.. Yea, it was all a setup by the way. Papadopoulos didn't do anything wrong until he lied to the FBI AFTER the election. The NY-Times story doesn't tell you this or make it clear that this whole "investigation" wasn't properly predicated as a criminal investigation, was only ever a counter intelligence investigation and one that was seemingly setup in a targeted way. It was a counter intelligence investigation put up by the spooks on foreign soil (why?) on behalf of the president at the time, which

      • The Mueller investigation turned up stuff. Many people were prosecuted under it. Trump was not cleared, but not prosecuted either, but regardless the Meuller investigation was NOT about Trump but about Russian meddling in the election. The investigation was not a waste of time. He spent less time and less money than Starr spent on the Clinton Whitewater investigation that only turned up evidence on lying about an affair, it was in no way a witch hunt in comparison.

        As to who gets prosecuted or not, the DO

  • No surprise (Score:3, Informative)

    by hdyoung ( 5182939 ) on Thursday August 29, 2019 @10:47AM (#59137316)
    Can't say I'm surprised at all. Comey had a long, distinguished career that he deserves a ton of credit for. But then he went off the deep end handling the Trump/Clinton thing.

    He had two secret files in his hands. One on Clinton's misdeeds. One on Trump's misdeeds. He looked at Clinton's file and said "Congress and the people need to know about this" and scheduled a press conference. He looked at Trump's and said "I need to keep this secret" and put it in a vault until after the election. Remember - he did this 2 weeks before vote, which was extremely close. In effect, he practically handed Trump the keys to the oval office.

    Trump rewarded this blatant favoritism by firing his ass and publicly insulting him. Which is pretty much how he rewards anyone around him that isn't family. Comey then wrote a tell-all book and went on a signing tour. Talk about a fall from being a highly respected lawman.
    • He looked at Clinton's file and said "Congress and the people need to know about this" and scheduled a press conference.

      Not true. He didn't say the people needed to know, and he didn't schedule a press conference. He decided that the congresspeople (the ones to whom he had testified under oath that Clinton wasn't being investigate) needed to know they now had something to potentially investigate. So he sent them a note saying so. It was a republic congressman, Jason Chaffetz, who leaked that info to the public (in a much less carefully worded way).

      • He knew the score. You release that to congress, you've basically released it into the wild. He'd been at that job for decades and understood the consequences of the action.
  • Or just troll bait?
    Do we really need the Slashdot reader's take on this?

  • by Tablizer ( 95088 ) on Thursday August 29, 2019 @11:33AM (#59137546) Journal

    Our org's policy manual is quite large because we often have to deal with lawyers and courts. I'm sure people deviate from written policy quite often because most mortals cannot memorize 100% of it. If somebody wants to bust a random employee for some policy violation, they can. It just takes persistence and resources to sift and dig through emails, logs, and files.

    Policy manuals are basically a CYA mechanism for orgs. If something embarrassing or illegal happens at the org, they can show the court/jury their policy manual to demonstrate that an employee acted "improperly", deflecting blame from the org.

    I don't know if this had a political motivation behind it, but we know Trump has pressured agencies to find dirt on his usual Twitter targets. It smells fishy.

The truth of a proposition has nothing to do with its credibility. And vice versa.

Working...