Dueling arguments from Fox News this week on whether or not former FBI Director James Comey is GUILTY of any actual crimes.
President Trump is almost certain that Comey is a criminal, guilty of something, he’s just not 100% certain what it is.
President Trump: Comey leaked. And by the way also what he did with CNN in order to placate them, you saw that whole scenario, this is a big mistake this book. He is guilty of crimes and if we had a Justice Department that was doing their job instead of —
Steve Doocy: It is your Justice Department, Mr. President, you’re the Republican in charge of, you got a Republican running it.
President Trump: I answer this all the time. Because of the fact that they have this witch hunt going on with people in the Justice Department that shouldn’t be there, they have a witch-hunt against the president of the United States going on, I have taken the position, and I don’t have to take this position and maybe I’ll change, that I will not be involved with the Justice Department.
I will wait until this is over. It is a total, it is all lies and it is a horrible thing that is going on, a horrible thing. Yet I have accomplished with all of this going on more than any president in the first year in our history. Everybody, even the enemies and haters admit that. We have accomplished more than any president in the first year.
Sadly, “leaking” in and of itself is not a “crime.” If Comey had “leaked” classified intel, that would have been a crime. Or if he’d leaked through a source that didn’t have security clearance, that could be a crime. However, Comey’s professor friend DID have security clearance… and so Comey himself, is not actually guilty of a crime connected to leaking. (That we know of, yet.)
Later on Fox News, Judge Andrew Napolitano explained further why Comey might not be guilty of any crimes.
“This may not be too popular here, but I thought Comey was pretty compelling last night with Anderson Cooper. Not all leaks are criminal. If it’s not classified it’s not criminal.
At the time this occurred — by this I mean, Professor Richman reading to selected members of the media, selected nonclassified portions of one of the memos — Jim Comey was a private citizen.
Now, I jumped the gun here the other day. Not knowing that Professor Richman had a security clearance. And one of you, I think, said to me: “‘Did Jim Comey break the law? I said it appears he did. I since have apologized, it now appears did he not. We didn’t know about the professor having the clearance, which is why as a judge, I ought to have known you have you got to get all the facts before you form a judgment.”