The reverse of this is that when Trump’s not the story, he does something to make himself the story. The result is usually that Trump gets headlines and Clinton moves ahead in the polls.
Intent matters depending on how the various laws are written. It’s not just something that people dream up according to their partisan whims. It’s part of the statute.
In this case, the statute is 5 U.S. Code § 7323(a)1
which says “[a government employee] may not—
(1) use his official authority or influence for the purpose of interfering with or affecting the result of an election;”
Painter is arguing in his complaint that Comey had no other purpose in writing his letter and violating all the various existing standards and protocols, other than to influence the election, because Comey himself admitted that he didn’t know the significance of the emails.
If the emails end up being Huma and Hillary collaborating on a novel, then Comey will have interfered with the election for no reason. Therefore, his argument that he had to alert congress before the emails even got read is nonsense.
That’s Painter’s argument, anyway. Of course, the investigation in Director Comey’s violation of the Hatch Act will have to play out, but given his own acknowledgement that he didn’t know the significance of the emails, he’s going to have a hard time explaining why he had to tell Congress in a big rush that the emails are pertinent.
Yeah, probably Comey will resign. The penalty for violating the Hatch Act is being banned from federal employment, but Comey was pretty much at the top of his field already, so … early retirement is his smart play, if Hillary gets elected.
That’s still a plenty dark stain on the FBI, which is still rebuilding its reputation from fucking Hoover, who died in 1972, and all the shit they pulled back then.
Not saying much for the character of the organization when this is the character of the head of it.
Comey has now royally pissed off just about everyone, so he would be crazy to want to stay. He will have many options available to him for gainful employment, so I’m not too worried about him.
Harry Reid, the two ex-Deputy AGs who wrote in the Washington Post, the former White House ethics chief, etc., etc., all have not only suggested, but filed complaints with the federal government, that Comey violated the Hatch Act.