# "Comey is a leaker"?

**URL:** <https://boards.straightdope.com/t/comey-is-a-leaker/788517>\
**Category:** Politics & Elections\
**Created:** [June 9, 2017, 3:20pm UTC](https://boards.straightdope.com/t/comey-is-a-leaker/788517 "2017-06-09T15:20:02Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![Johnny\_Ace](https://avatars.discourse-cdn.com/v4/letter/j/6bbea6/32.png) [@Johnny\_Ace](https://boards.straightdope.com/u/Johnny_Ace)\
**Post date:** [June 9, 2017, 5:13pm UTC](https://boards.straightdope.com/t/comey-is-a-leaker/788517/21 "2017-06-09T17:13:28Z")

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Standard Trump bullshit: when you feel attacked (which is almost always with him), attack back. It’s nothing more than a sop to his base, who will buy whatever bullshit he serves to them. It’s got no more teeth than a dentureless whale.

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**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\
**Post date:** [June 9, 2017, 5:19pm UTC](https://boards.straightdope.com/t/comey-is-a-leaker/788517/22 "2017-06-09T17:19:55Z")

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> [@Fotheringay-Phipps](#):
>
> For context, who exactly is _claiming_ it was a crime?

Trump’s lawyer says he is going to file a complaint of some sort.

> [@BobLibDem](#):
>
> They were his own memos. He didn’t have to “leak” them, he could have simply sent them to the NYT himself or just post them online somewhere.

I wonder why he gave them to his friend instead of leaking them himself.

Regards,  
Shodan

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**Author:** ![davidm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidm/32/225_2.png) [@davidm](https://boards.straightdope.com/u/davidm)\
**Post date:** [June 9, 2017, 5:21pm UTC](https://boards.straightdope.com/t/comey-is-a-leaker/788517/23 "2017-06-09T17:21:29Z")

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It’s not about it being illegal. It’s about creating that impression in the minds of the low information base.

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**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\
**Post date:** [June 9, 2017, 5:21pm UTC](https://boards.straightdope.com/t/comey-is-a-leaker/788517/24 "2017-06-09T17:21:39Z")

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Trump may not have explicitly claimed it was illegal, but he’s spent a lot of energy excoriating the FBI et al for not going harder after leakers, and now he’s called Comey a leaker. This is only two dots that need to be connected to draw a picture.

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**Author:** ![Jophiel](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jophiel/32/66_2.png) [@Jophiel](https://boards.straightdope.com/u/Jophiel)\
**Post date:** [June 9, 2017, 5:21pm UTC](https://boards.straightdope.com/t/comey-is-a-leaker/788517/25 "2017-06-09T17:21:41Z")

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> [@Shodan](#):
>
> Trump’s lawyer says he is going to file a complaint of some sort.

The complaint is administrative, not legal.

> [@](#):
>
> I wonder why he gave them to his friend instead of leaking them himself.

According to Comey, to place a degree of separation between himself and the press so he wouldn’t get hassled by them. You’re welcome to say “No, he’s lying” but that’s Comey’s testimony.

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**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\
**Post date:** [June 9, 2017, 5:23pm UTC](https://boards.straightdope.com/t/comey-is-a-leaker/788517/26 "2017-06-09T17:23:12Z")

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> [@Fotheringay-Phipps](#):
>
> I’m not sure what point you’re making with this.
> 
> There’s something of a strawman element to focusing a discussion on whether or not something is legal if the objections people are raising are not primarily legal ones. So if there’s a discussion of whether or not such-and-such is really illegal or not, it’s worth clarifying whether in fact this is a primary focus of people’s objections or whether the objections are primarily non-legal.

No, not really. This is a stupid position to take, IMO. At the very least such a discussion can shed light on whether or not any arguments that what took place was illegal have any weight.

And since we’re talking about an acton that has been described as “leaking” and all the context that holds, which is almost always in a criminal context, this discussion is not only a natural one to have, it sheds light on whether or not the descriptor is accurate and why (or why not).

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**Author:** ![Kron](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kron/32/12444_2.png) [@Kron](https://boards.straightdope.com/u/Kron)\
**Post date:** [June 9, 2017, 5:28pm UTC](https://boards.straightdope.com/t/comey-is-a-leaker/788517/27 "2017-06-09T17:28:06Z")

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> [@Shodan](#):
>
> Trump’s lawyer says he is going to file a complaint of some sort.
> 
> I wonder why he gave them to his friend instead of leaking them himself.
> 
> Regards,  
> Shodan

> [@Jophiel](#):
>
> Comey said he went through a friend as a degree of separation – he felt if he personally delivered the memos, the press would be rabid on him.

Apparently he figured it would turn into even more of a circus.

ETA: Ninja’d!

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**Author:** ![Fotheringay-Phipps](https://avatars.discourse-cdn.com/v4/letter/f/d9b06d/32.png) [@Fotheringay-Phipps](https://boards.straightdope.com/u/Fotheringay-Phipps)\
**Post date:** [June 9, 2017, 5:31pm UTC](https://boards.straightdope.com/t/comey-is-a-leaker/788517/28 "2017-06-09T17:31:46Z")

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> [@Shodan](#):
>
> Trump’s lawyer says he is going to file a complaint of some sort.

Right. But it doesn’t follow that the “complaint” is a criminal matter. It’s been suggested that it’s some sort of administrative proceeding, with consequences limited to government employment records.

> [@Left\_Hand\_of\_Dorkness](#):
>
> Trump may not have explicitly claimed it was illegal, but he’s spent a lot of energy excoriating the FBI et al for not going harder after leakers, and now he’s called Comey a leaker. This is only two dots that need to be connected to draw a picture.

Some leaks are illegal and some are not. Trump is opposed to them all, but that doesn’t mean they’re all the same, legally.

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**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\
**Post date:** [June 9, 2017, 5:34pm UTC](https://boards.straightdope.com/t/comey-is-a-leaker/788517/29 "2017-06-09T17:34:00Z")

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> [@davidm](#):
>
> It’s not about it being illegal. It’s about creating that impression in the minds of the low information base.

The question remains: who is creating this impression?

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [June 9, 2017, 5:40pm UTC](https://boards.straightdope.com/t/comey-is-a-leaker/788517/30 "2017-06-09T17:40:41Z")

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As always, the person claiming that some action violated the law bears the burden of identifying that law.

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**Author:** ![Falchion](https://avatars.discourse-cdn.com/v4/letter/f/a88e57/32.png) [@Falchion](https://boards.straightdope.com/u/Falchion)\
**Post date:** [June 9, 2017, 5:41pm UTC](https://boards.straightdope.com/t/comey-is-a-leaker/788517/31 "2017-06-09T17:41:00Z")

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> [@Jophiel](#):
>
> although one presumes that Comey had the authority to keep copies of his own memo.

Why would one presume that? I regularly write memos memorializing meetings and calls that I participate in during the course of my employment. It would never occur to me that they did not belong to my employer and that I could not take copies with me if I left (much less leak them).

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**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\
**Post date:** [June 9, 2017, 5:44pm UTC](https://boards.straightdope.com/t/comey-is-a-leaker/788517/32 "2017-06-09T17:44:39Z")

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> [@Fotheringay-Phipps](#):
>
> Some leaks are illegal and some are not.

True.

> [@](#):
>
> Trump is opposed to them all,

Uhhh…

> [@](#):
>
> but that doesn’t mean they’re all the same, legally.

True.

Despite Trump’s obvious love of leaks when they’re from Russia and involved Clinton emails, I don’t think it’s at all clear that he knows some leaks are legal and some are not. This is not, to the best of my knowledge, a distinction he’s ever made. And I’d bet good money that some of his Twitter followers draw the obvious inference from his tweets that he wants Comey investigated for leaking.  
And it’s not like his camp is doing anything to stop these inferences.  
[His attorney said](http://www.latimes.com/politics/washington/la-na-essential-washington-updates-read-trump-lawyer-marc-kasowitz-s-1496945767-htmlstory.html):

> [@Marc Kasowitz](#):
>
> Of course, the Office of the President is entitled to expect loyalty from those who are serving in an administration, and, from before this President took office to this day, it is overwhelmingly clear that there have been and continue to be those in government who are actively attempting to undermine this administration with selective and illegal leaks of classified information and privileged communications. Mr. Comey has now admitted that he is one of these leakers.

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**Author:** ![Jophiel](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jophiel/32/66_2.png) [@Jophiel](https://boards.straightdope.com/u/Jophiel)\
**Post date:** [June 9, 2017, 5:51pm UTC](https://boards.straightdope.com/t/comey-is-a-leaker/788517/33 "2017-06-09T17:51:24Z")

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> [@Falchion](#):
>
> Why would one presume that?

Well, he’s (was) the head of his agency and I assume you’re not. That said, rather than me trying to defend his innocence, I’ll wait on someone else to prove his guilt. The law cited looks like an extremely thin thread, with the complaint there being that he “stole” something rather than he leaked something. Which would be like if Comey went out and shot three people and I tried to argue that he broke the law because he had the agency’s pen in his pocket (thus taking an “item of value”) rather than addressing the actual supposed crime in question.

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**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\
**Post date:** [June 9, 2017, 5:57pm UTC](https://boards.straightdope.com/t/comey-is-a-leaker/788517/34 "2017-06-09T17:57:50Z")

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> [@Fotheringay-Phipps](#):
>
> Right. But it doesn’t follow that the “complaint” is a criminal matter.

That’s correct - just because Trump or his lawyer says it’s illegal doesn’t mean it is illegal. They don’t get to decide.

You didn’t ask “is it illegal” - you asking who was claiming that it was.

AFAICT it wasn’t illegal - maybe t was improper or self-serving or merely an attempt to cover the Comey ass. Like I said, DC loves leaks (of things about the other party).

Regards,  
Shodan

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**Author:** ![Falchion](https://avatars.discourse-cdn.com/v4/letter/f/a88e57/32.png) [@Falchion](https://boards.straightdope.com/u/Falchion)\
**Post date:** [June 9, 2017, 6:02pm UTC](https://boards.straightdope.com/t/comey-is-a-leaker/788517/35 "2017-06-09T18:02:08Z")

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> [@Jophiel](#):
>
> Well, he;s the head of his agency and I assume you’re not. That said, rather than me trying to defend his innocence, I’ll wait on someone else to prove his guilt. The law cited looks like an extremely thin thread, with the complaint there being that he “stole” something rather than he leaked something. Which would be like if Comey went out and shot three people and I tried to argue that he broke the law because he had the agency’s pen in his pocket (thus taking an “item of value”) rather than addressing the actual supposed crime in question.

Correct, I’m not the head of any agency. But, the government has all sorts of policies regarding its records that would not necessarily exempt agency heads. (And, the FBI is part of the DOJ, so I presume that any policies on the subject comes from Main Justice, of which he was not the head).

I think it’s unlikely that what he did was illegal. And I’m not sure what remedy there would be for violating department practices (he can’t get rehired, maybe). But I found his explanation that he thought that the memo was his personal property to do with as he wished to be rather odd.

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**Author:** ![Ramira](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ramira/32/344_2.png) [@Ramira](https://boards.straightdope.com/u/Ramira)\
**Post date:** [June 9, 2017, 6:02pm UTC](https://boards.straightdope.com/t/comey-is-a-leaker/788517/36 "2017-06-09T18:02:52Z")

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> [@Shodan](#):
>
> Trump’s lawyer says he is going to file a complaint of some sort.
> 
> I wonder why he gave them to his friend instead of leaking them himself.
> 
> Regards,  
> Shodan

Insurance.

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**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\
**Post date:** [June 9, 2017, 6:05pm UTC](https://boards.straightdope.com/t/comey-is-a-leaker/788517/37 "2017-06-09T18:05:07Z")

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I just saw [this article](http://hosted.ap.org/dynamic/stories/U/US_TRUMP_THE_LATEST?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2017-06-09-13-52-51) on the AP, and I thought it was particularly hilarious how the current segment ends (bolded):[

> [@](#):
>
> 10:25 a.m.
> 
> President Donald Trump’s personal attorney is planning to file a complaint against former FBI Director James Comey for details he revealed during his congressional testimony.
> 
> Trump’s legal team will file a complaint early next week with the Justice Department’s inspector general. The complaint will take issue with Comey’s revelation that he asked a friend to pass along to a reporter notes he took of his private conversations with the president.
> 
> That’s according to a person close to the legal team who agreed to speak ahead of the filing on condition that the person’s name is not used.
> 
> The team is also expected to file a submission with the Senate Judiciary Committee.
> 
> \*\*Trump has a long history of threatening to file complaints and lawsuits and not following through.
> 
> -By Jill Colvin\*\*

]([http://hosted.ap.org/dynamic/stories/U/US\_TRUMP\_THE\_LATEST?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2017-06-09-13-52-51](http://hosted.ap.org/dynamic/stories/U/US_TRUMP_THE_LATEST?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2017-06-09-13-52-51))Jill Colvin, you totally fucking rock!

😛

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**Author:** ![Fotheringay-Phipps](https://avatars.discourse-cdn.com/v4/letter/f/d9b06d/32.png) [@Fotheringay-Phipps](https://boards.straightdope.com/u/Fotheringay-Phipps)\
**Post date:** [June 9, 2017, 6:14pm UTC](https://boards.straightdope.com/t/comey-is-a-leaker/788517/38 "2017-06-09T18:14:55Z")

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> [@Shodan](#):
>
> That’s correct - just because Trump or his lawyer says it’s illegal doesn’t mean it is illegal. They don’t get to decide.
> 
> You didn’t ask “is it illegal” - you asking who was claiming that it was.

Understood. But if the complaint itself is not a criminal matter, then it doesn’t follow from their filing a complaint that they were claiming that it’s illegal.

LHOD pointed to some inference from the lawyer’s comments, and it’s a valid inference though not more than that. Your pointing to the complaint filing doesn’t seem to be even an inference.

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**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\
**Post date:** [June 9, 2017, 6:15pm UTC](https://boards.straightdope.com/t/comey-is-a-leaker/788517/39 "2017-06-09T18:15:12Z")

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> [@MaxTheVool](#):
>
> “Comey is a leaker”?

Trump is a liar. Which is more important to consider?

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**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\
**Post date:** [June 9, 2017, 6:27pm UTC](https://boards.straightdope.com/t/comey-is-a-leaker/788517/40 "2017-06-09T18:27:20Z")

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The current CNN title bar: FIRED FBI CHIEF LEAKING TRUMP MEMO TO PRESS: LEGAL?

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