When FBI Director James Comey took the FBI memos he wrote about conversations he had with President Donald Trump and then leaked them to the New York Times in 2017, he committed a crime for which he should be indicted and potentially prosecuted, said Judicial Watch Director of Investigations & Research Chris Farrell.
Farrell added that in those memos, Comey claims he is "not a liar," not "a leaker," and "not a weasel." There's the irony, said Farrell, because Comey is "all three."
On the April 23 edition of Fox & Friends First, host Heather Childers asked Farrell, “You heard James Comey there say that he’s been consistent. Has he been consistent in breaking the law? That’s the question. What do you think?"
“The answer’s yes," said Farrell. "I can tell you that, at a minimum, it looks like he is under very grave legal jeopardy under 18 U.S.C. Section 1924(a), which General [David] Petraeus was prosecuted under, or the much more serious and, I think applicable charge, which is the felony of mishandling national defense information, that’s 18 U.S.C. Section 793(f)."
"The reason why I’m so familiar with these two statutes is that in my past professional life I was a special agent of Army counterintelligence," said Farrell. "I’ve investigated and assisted in the prosecutions of exactly these sorts of cases. So I’m not guessing at it – I’ve done it.”
Childers then asked, “So, approximately how many people are you aware of who’ve been prosecuted under these two things but yet James Comey is not being treated the same way?"
Farrell said, “The one that shows the disparity of treatment is the sailor on the submarine, the person [President] Trump recently pardoned. He took an unauthorized photograph, the photograph was resident on his phone. It didn’t go anywhere. He didn’t transmit it, he didn’t post it, he didn’t send it anywhere. Just the fact that he took the photo landed him a year in a federal penitentiary with another year on home detention. That’s the level of seriousness with which this is normally taken."
"There are innumerable people, particularly in the Armed Forces who really get hammered for dumb mistakes that they then either try to lie about or cover up – they compound the problem," he said. "In this case, you have Comey stealing government records, he’s absconded with federal government records, then leaks them to a college professor friend, who then leaks those out to the New York Times."
"This is grave stuff," said Farrell. "This is the director of the FBI having confidential communications, or conversations, with the president of the United States and he leaks them for his own advantage – then uses the same documents to go on a book tour.”
“He’s the director of the FBI having confidential consultations with the president of the United States – how can this not be secret?" said Farrell. "I mean, it’s preposterous just at face value. And when Comey puts in a memo – about page 3 or 4, go and look at this on the Internet – he says he’s not a liar, he’s not a leaker, and he’s not a weasel. Well, guess what? He’s all three."
As to whether the former FBI director will be prosecuted, Farrell said, “It’s up to the Department of Justice, the attorney general, to seek an indictment with a grand jury. They can’t not [prosecute], frankly, because if they show this disparity of treatment – over at the Supreme Court it says equal justice under the law. You can’t, you can’t just let this slide.”