Now that the memos have been perused, the theories of a number of such legal commentators, which were based on sketchy information to begin with, have unsurprisingly proved to be full of errors, irrelevancies, and overstatements. Rather than walk back their defense of Comey’s leaks, however, they have doubled down on heroizing him.
No, Comey’s Memos Are Not His Personal Property.
Last May, the Washington Post called White House Press Secretary Sarah Sanders a liar for saying Comey leaked privileged information. At the time, legal professor Jonathan Turley wrote eloquently in her defense. Today, he confirms his position, arguing that the media continue to allow their bias to overwhelm their objectivity in reporting on Comey’s culpability.
The release of the actual memos (albeit redacted) resolves a number of points of contention. The first is whether they were government records. If they were produced in the course of government employment, they constituted confidential information subject to both internal Justice Department rules restricting their removal and disclosure as well as federal statute. More on the latter presently, but in the meantime, it is important to note these restrictions would apply whether the material released was classified or not.