James Comey Is In Hot Water, So He Does The Worst Possible Things
Former CIA Director John Brennan and former FBI Director James Comey are under criminal investigation for potential wrongdoing related to the Trump–Russia probe, including allegedly making false statements to Congress, Justice Department sources told Fox News Digital.
CIA Director John Ratcliffe referred evidence of wrongdoing by Brennan to FBI Director Kash Patel for potential prosecution, DOJ sources told Fox News Digital.
. . . As for Comey, DOJ sources told Fox News Digital that an investigation into the former director is underway, but could not share details of what specifically is being probed.
This past Friday,
Director of National Intelligence Tulsi Gabbard detailed "striking" findings from declassified documents released Friday, claiming to showcase "overwhelming evidence" that an Obama-era cabal laid the groundwork for what would be the years-long Trump-Russia collusion probe after the 2016 election.
. . . Evidence released by Gabbard's office implicated then-Director of National Intelligence James Clapper, former CIA Director John Brennan, former FBI Director James Comey and former National Security Adviser Susan Rice, among others, in addition to the former president.
Gabbard confirmed her intent to send all the uncovered documents to the Department of Justice and the FBI for a criminal referral.
I asked the web, "I'm under federal criminal investigation. What should I do?" The federal criminal defense law firm Perlman Defense provided, in part, the following helpful advice:
The sooner you speak with a federal criminal defense attorney, the better your chance of building a strong defense and avoiding mistakes. A lawyer with experience in federal criminal cases can help you understand the investigation, guide your decisions, and deal with federal agencies on your behalf.
. . . Never post about the investigation, the agents, or your legal concerns on social media. Avoid sharing any details or even vague comments online. Federal law enforcement and the U.S. Attorney’s Office can use your posts against you in court.
Sharing the wrong thing online can seriously damage your legal defense and complicate your criminal case.
. . . If you talk to anyone other than your lawyer about the investigation, you risk those people being questioned by the federal authorities or subpoenaed by the grand jury, in which case whatever you told them could end up being used against you.
You could even face obstruction of justice or witness tampering charges if the things you said can be twisted around to make it seem like you were attempting to influence the investigation.
. . . Destroying documents pertaining to a federal investigation is a crime, and you could end up facing additional charges under 18 U.S.C. § 1519 if you alter or destroy documents, records, or other evidence.
. . . Agents may collect evidence, speak with witnesses, and review your financial records or digital communications before deciding to indict. If you suspect you're under a federal criminal investigation, do not wait. Contact a defense attorney right away, even if no formal charges have been filed yet.
Comey is a former Assistant US Attorney, a former US Attorney, a former Deputy Attorney General, and a former FBI Director. He of all people should know how federal criminal investigations work and the things potential defendants should avoid. He should certainly have known by this past May that he probably was under some type of surveillance, since Trump was back in office, and every indication is that Trump and his team were fully aware of his activities in detail before Trump fired him in 2017.So it seems to me that he should have hired someone like Abbe Lowell, who was Hunter Biden's defense attorney, almost as soon as Trump was inaugurated, if not earlier. And even if he didn't want to do that, he should have known what any competent defense attorney -- or even a wise non-arttorney friend -- would tell him: keep a low profile, and for pity's sake, stay off social media. Instead, last May, he posted the 8647 note on Instagram, and then, just to be cute, he deleted it.
Federal law enforcement officials said on May 15 that they are investigating an Instagram post Comey made depicting an image reading “8647.”
. . . A federal law enforcement official told USA TODAY on the condition of anonymity that the Secret Service was sending agents to question Comey about his post.
Do you suppose Comey had the good sense to have an attorney with him as he met with those agents? I kinda doubt it. But if he didn't have agents on his case before he made that post, he sure as shootin' did afterward, and you would have to suppose, given his broad experience in the federal legal system, he would have understood this and modified his behavior. But last evening, in the wake of announcements of one ongoing investigation and referral for another, he made a video on Substack. He went on at length about the firing of his daughter Maurene and concluded,
Trump and the hacks who lead the Department of Justice are hammering at the dam [of the DOJ's credibility] day after day, trying to turn it into just another gold-leaf-covered Trump subsidiary.
Our best hope is that good people will stay and do what Maurene asked—have the courage to do the right thing, always. You may get fired for acting that way, but there’s honor in that—and nothing but disgrace for those who don’t stand up.
But this brings Maurene into the picture. On one hand, his remarks can be interpreted as trying to influence Maurene's former colleagues not to cooperate with any DOJ investigation or prosecution of Comey himself, which can be a problem for him. But also, Miranda Devine at the New York Post broadly hints what I've also surmised, that Maurene was the one with access to the Trump-Epstein letter and leaked it to the Wall Street Journal:
One of [Epstein's 2019 fededral] prosecutors was none other than Maurene Comey, the daughter of notorious FBI Director James Comey, whom Trump had sacked two years earlier. James Comey is now in the crosshairs of the FBI, along with former CIA Director John Brennan, after current CIA Director John Ratcliffe referred them for criminal investigation two weeks ago over freshly declassified evidence that highlights their roles in the Russia collusion hoax.
Maurene Comey was fired Wednesday, one day before the WSJ story was published, and one day after the White House was alerted to the story. She told colleagues in an email that her ouster was “unexpected” and unexplained.
Comey was also the lead prosecutor of Maxwell in 2021 over her role in Epstein’s sex trafficking. According to the WSJ, the “birthday book” Maxwell compiled was in the files examined by the DOJ during the investigations of Epstein and Maxwell.
There is no federal father-daughter privilege. Both James Comey and his daughter must be aware of this. It sounds to me like both may have discussed the case at great length, if indeed they both didn't come up with the idea of leaking the Trump-Epstein letter to the WSJ. That leak could make Maurene eligible for criminal contempt charges, obstruction of justice charges under 18 U.S.C. § 1503, or theft of government property charges under 18 U.S.C. § 641.Given the timing of the leak and Maurene's firing, the DOJ must have had a pretty good idea who was responsible. If Maurene discussed it with dad James, that could bring him into this episode as well. So let's see:
- Comey posted the 8647 image on Instagram and then deleted it, giving the impression he knew of his guilty intention, but also making him liable for obstruction of justice charges
- If he's hired a federal criminal defense attorney, which he clearly should do, he doesn't seem to be following any advice he'd be given
- Although federal agents have already met with him, there's no indication that he had an attorney with him then
- He's gone on social media making wide-ranging vague comments that could be used against him
- He's almost certainly talked to his daughter about his potential case, when she isn't his attorney, and the discussions aren't subject to any privilege
- He and his daughter may well be involved in the leak of grand jury material to the Wall Street Journal.
