Saturday, July 09, 2016

A man of integrity?

We've been told that FBI Director Comey has a stellar reputation as a man of integrity. Not so fast. At Chicago Boyz Michael Kennedy gives us some history on Mr. Comey.
...Then there’s Mr. Comey’s role in the investigation of the leak of Valerie Plame’s identity as a CIA employee. Mr. Comey first encouraged Mr. Ashcroft to recuse himself in naming a special counsel on grounds that the AG could run into a conflict of interest if the investigation implicated Karl Rove.

Whereupon Mr. Comey gave the job to Patrick Fitzgerald, a close personal friend. Unlike independent counsels under the now defunct statute, a special counsel is supposed to be under the Justice Department’s supervision, and it would be interesting to hear Mr. Comey explain how appointing the godfather of one of his children to a high-profile job under his direction did not entail a conflict of interest.

Mr. Fitzgerald quickly found out that the leaker of Ms. Plame’s identity was Deputy Secretary of State Richard Armitage, a fact Mr. Fitzgerald kept secret for years. Yet instead of closing the case down, Mr. Comey signed off within weeks on an expansion of Mr. Fitzgerald’s mandate. After a three-year investigation that turned up almost nothing new, the prosecutor tried to salvage his tenure with a dubious indictment of Scooter Libby for perjury.

Comey is no impartial investigator. ...The present situation is revealing as Comey misstates the case.

He alleges that the law requires intent to do harm.

Mr. Comey justified violating Justice Department norms because of “intense public interest.” But if he really believed that such a politically charged case required a public presentation of the facts, then he should have simply presented the facts and not editorialized about the merits.

Doing that, however, would have courted fury among Democrats and their media friends. And if Mrs. Clinton later won the election, Mr. Comey might have had to resign before his 10-year term expires in 2023.

...So, Comey relied on “intent to harm” as a basis of leniency. There are numerous examples of lesser defendants who do not get this forbearance.

Finally, I was especially unpersuaded by Director Comey’s claim that no reasonable prosecutor would bring a case based on the evidence uncovered by the FBI. To my mind, a reasonable prosecutor would ask: Why did Congress criminalize the mishandling of classified information through gross negligence? The answer, obviously, is to prevent harm to national security. So then the reasonable prosecutor asks: Was the statute clearly violated, and if yes, is it likely that Mrs. Clinton’s conduct caused harm to national security? If those two questions are answered in the affirmative, I believe many, if not most, reasonable prosecutors would feel obliged to bring the case.

I guess we could ask CPO Kristian Saucier.

A Navy sailor entered a guilty plea Friday in a classified information mishandling case that critics charge illustrates a double standard between the treatment of low-ranking government employees and top officials like former Secretary of State Hillary Clinton and ex-CIA Director David Petraeus.
Prosecutors allege that Petty Officer First Class Kristian Saucier used a cellphone camera to take photos in the classified engine room of the nuclear submarine where he worked as a mechanic, the USS Alexandria, then destroyed a laptop, camera and memory card after learning he was under investigation.
Last July, Saucier was indicted on one felony count of unlawful retention of national defense information and another felony count of obstruction of justice. He pleaded guilty Friday to the classified information charge, which is part of the Espionage Act, a prosecution spokesman confirmed. No charge of espionage was filed and no public suggestion has been made that he ever planned to disclose the photos to anyone outside the Navy.
Read more here.

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