Former FBI Director James Comey is facing yet another backlash from Judicial Watch, an influential conservative watchdog and legal team.
Judicial Watch has demanded that the records and memos Comey “unlawfully removed” be released and floated the specter of a lawsuit to Acting FBI Director Andrew should the agency refuse to comply. (via Fox News)
“The former FBI director isn’t above the law and current leadership of the FBI should stop protecting him and take action,” Judicial Watch President Tom Fitton said in a recent interview.
Apparently, the Federal Records Act states that each federal agency should establish an ongoing program for records management. It goes on further to state that each agency, in the midst of an ongoing investigation, must maintain every record until it is deemed “worthless” after which it should be systematically disposed.
Sadly, this was not what happened in the the case of the memo written by Comey. “I asked a friend of mine to share the content of the memo with the reporter,” Comey testified earlier this month before the Senate Intelligence Committee, which was a potential violation under the Fourth Amendment. In fact, law enforcement agencies cannot share data or “potential” evidence in the midst of an investigation.
Furthermore, retired FBI special agent John Lannarelli said that Fitton had a solid case, especially due to the fact Comey shared the documents with a third party with the aim of sharing it to the media without following protocol.
“The matter of how Comey released the documents classified or not, was wrong since he did not follow the correct procedure,” Lannarelli told Fox News.
According to Fitton, the case of Comey removing the documents is a repeat of the Hillary Scandal, and that it is necessary that a copy of the records be given to the Media.
Fitton went on to further state that the president has every right under the constitution to order an immediate release of the said memo. However, The New York Times stated that only a portion of the said memo was released and that much more lies in the memo.
Fitton has repeatedly stated that he is ready to file a lawsuit against the FBI and Acting Director McCabe.
In a recent letter dated June 14, 2017, Fitton writes, in part:
“As you are well aware, former FBI Director James Comey gave sworn testimony last week before the Senate Select Committee on Intelligence. Among other things, Mr. Comey confirmed that, while in office, he created various memoranda regarding his meetings with President Trump. Mr. Comey also confirmed that, after his departure from the FBI, he provided at least some of these memoranda to a third party, Columbia Law School Professor Daniel Richman, for the purpose of leaking them to the press. […]
“As you may be aware, the Federal Records Act imposes a direct responsibility on you to take steps to recover any records unlawfully removed from the FBI. […]
“In the event you fail to take these steps, you should be aware that Judicial Watch is authorized under the law to file a lawsuit in federal district court seeking that you be compelled to comply with the law.”
Fitton is not backing down and is ready to file the lawsuit if the FBI does not respond by June 26, 2017.