President Trump, through his press secretary, has recommended that the Justice Department, which answers to Trump, should consider prosecuting former FBI director James Comey. The statements by Sarah Huckabee Sanders were not a model of clarity, and the way they’ve been reported may have confused matters. There is no doubt, however, that the Trump administration is politicizing law enforcement — exactly what it accuses Comey of having done.
Ms. Sanders accused Comey of leaking “privileged information” to the media and giving false testimony to Congress. The disclosure of “privileged information” is generally not a crime unless the information is classified — and Ms. Sanders did not claim that Comey divulged classified matters. The spokeswoman, moreover, failed to specify what the purportedly false testimony was, although she appeared to be referring to statements the former FBI director made to Congress regarding the Hillary Clinton emails probe — the investigation she accused Comey of politicizing.
Sanders was not clear on whether the White House believed Comey had probably committed a crime or merely strayed into a legal gray area, burbling that his “improper” actions “likely could have been illegal.” While paying lip-service to the notion that encouraging a prosecution is “not the president’s role,” Sanders nonetheless asserted, “I think if there’s ever a moment where we feel someone’s broken the law, particularly if they’re the head of the FBI, I think that’s something that certainly should be looked at.”
The press secretary’s description of the former FBI director’s actions may or may not have been accurate, depending on whether her oral remarks have been correctly punctuated in reporting by the Washington Post (whose version is substantially duplicated by The Hill). The Post relates Sanders’s statement as follows (my italics to highlight the possible confusion):
Comey, by his own self-admission, leaked privileged government information weeks before President Trump fired him. Comey testified that [if?] an FBI agent engaged in the same practice, they’d [sic] face serious repercussions. I think he set his own stage for himself on that front.
Obviously, Sanders was referring to Comey’s disclosure to the New York Times of a portion of a memo he had written about a conversation with Trump. According to Comey, during that February 14 conversation, Trump pressured him to drop the investigation of retired General Michael Flynn, the national-security adviser Trump had just fired. The problem with Sanders’s account, as quoted above, is that the leak to the Times happened days after, not “weeks before,” Comey was fired by Trump.
To recap, Comey was fired on May 9. He has recounted that his leak was a reaction to a tweet by Trump on May 12 — three days later. In that tweet, Trump said, “James Comey better hope that there are no ‘tapes’ of our conversations before he starts leaking to the press.” Comey related (in Senate Intelligence Committee testimony) that a few days after the tweet, it dawned on him that Trump’s allusion to tapes implied the existence of recordings that could corroborate Comey’s version of events. Using an intermediary, he thus leaked a portion of his memo to the Times, which published a story about it on May 16. Comey hoped the leak would “prompt the appointment of a special counsel” — who obviously would attempt to obtain any relevant recordings. Soon afterwards, Robert Mueller, was in fact appointed special counsel. President Trump has since represented that he made no recordings.
If the Post has framed Sanders’s assertions accurately, she was clearly wrong about the timing of the leak. I suspect, however, that the Post’s punctuation is wrong — which obviously can happen when oral statements are transcribed. The phrase “weeks before President Trump fired him” may not have been the end of Sanders’s first sentence (about Comey’s leak); it may have been the beginning of her next sentence (about Comey’s testimony regarding possible FBI leaking). If I am correct about this, Sanders’s statements should have been reported as follows:
Comey, by his own self-admission, leaked privileged government information. Weeks before President Trump fired him, Comey testified that [if?] an FBI agent engaged in the same practice, they’d face serious repercussions. I think he set his own stage for himself on that front.
This would be closer to accurate. Comey has admitted leaking his memo. The information in the memo — a summary of a conversation between the president and FBI director — was clearly sensitive and, even if not classified, should not have been leaked. And, in a May 3 Senate hearing, Comey had testified that there would be “severe consequences” if he found out FBI agents leaked investigative information. (We should note that this was less than a week before Trump fired him, not “weeks before,” as Sanders said.) This seems like a more plausible rendering. After all, the point Sanders was trying to make was that Comey’s leaking of investigative information was condemnable under his own prior condemnation of such leaking.