James Comey Broke with Loretta Lynch and Justice Department Tradition
“You don’t do this,” one former senior Justice Department official exclaimed. “It’s aberrational. It violates decades of practice.” The reason, according to the former official, who asked not to be identified because of ongoing cases involving the department, “is because it impugns the integrity and reputation of the candidate, even though there’s no finding by a court, or in this instance even an indictment.”
.. The F.B.I. director is an employee of the Justice Department, and is covered by its policies. But when asked whether Comey had followed these guidelines and consulted with the Public Integrity Section, or with any other department officials, Kevin Lewis, a deputy director of public affairs for the Justice Department, said, “We have no comment on the matter.”
.. According to the Administration official, Lynch asked Comey to follow Justice Department policies, but he said that he was obliged to break with them because he had promised to inform members of Congress if there were further developments in the case. He also felt that the impending election created a compelling need to inform the public, despite the tradition of acting with added discretion around elections.
.. “Comey is an outstanding law-enforcement officer,” Miller said, “but he mistakenly thinks that the rules don’t apply to him. But there are a host of reasons for these rules.”
.. As Miller sees it, Comey’s “original sin” was the press conference he held in July regarding the Clinton e-mail investigation.
.. Ordinarily, when no charges are brought, such matters are not exposed to public view, let alone addressed at press conferences.
.. But, as Miller notes, Comey’s press conference triggered a series of other events, including congressional hearings where Comey was forced to defend his decision not to recommend prosecution. Comey’s letter to Congress on Friday updated his earlier statements that the Clinton e-mail investigation had ended.
.. “Of course, we don’t ordinarily tell Congress about ongoing investigations, but here I feel an obligation to do so given that I testified repeatedly in recent months that our investigation was completed. I also think it would be misleading to the American people were we not to supplement the record. At the same time, however, given that we don’t know the significance of this newly discovered collection of emails, I don’t want to create a misleading impression. In trying to strike that balance, in a brief letter and in the middle of an election season,” he noted, “there is significant risk of being misunderstood.”
.. This official thought that Comey “didn’t want to look tainted. This new information comes to him, and he’s afraid if he doesn’t make it public until after the election he’ll be impeached. People will say he lied to Congress. But in the end he did the self-protective thing. Was it the right thing? Put it this way: it isn’t what previous Administrations have done.”