Justice Dept. Investigating Years-Old Leaks and Appears Focused on Comey – By Adam Goldman (The New York Times) / Jan 16 2020
Correction: January 16, 2020
This article has been revised to reflect the following correction: Because of an editing error, an earlier version of this article misstated which of a series of memos written by James Comey contained classified information. The contents of a memo that his lawyer provided to a New York Times reporter contained no classified information.
WASHINGTON — Federal prosecutors in Washington are investigating a years-old leak of classified information about a Russian intelligence document, and they appear to be focusing on whether the former F.B.I. director James B. Comey illegally provided details to reporters, according to people familiar with the inquiry.
The case is the second time the Justice Department has investigated leaks potentially involving Mr. Comey, a frequent target of President Trump, who has repeatedly called him a “leaker.” Mr. Trump recently suggested without evidence that Mr. Comey should be prosecuted for “unlawful conduct” and spend years in prison.
The timing of the investigation could raise questions about whether it was motivated at least in part by politics. Prosecutors and F.B.I. agents typically investigate leaks of classified information around the time they appear in the news media, not years later. And the inquiry is the latest politically sensitive matter undertaken by the United States attorney’s office in Washington, which is also conducting an investigation of Mr. Comey’s former deputy, Andrew G. McCabe, that has been plagued by problems.
Law enforcement officials are scrutinizing at least two news articles about the F.B.I. and Mr. Comey, published in The New York Times and The Washington Post in 2017, that mentioned the Russian government document, according to the people familiar with the investigation. Hackers working for Dutch intelligence officials obtained the document and provided it to the F.B.I., and both its existence and the collection of it were highly classified secrets, the people said.
The document played a key role in Mr. Comey’s decision to sideline the Justice Department and announce in July 2016 that the F.B.I. would not recommend that Hillary Clinton face charges in her use of a private email server to conduct government business while secretary of state.
The investigation into the leaks began in recent months, the people said, but it is not clear whether prosecutors have impaneled a grand jury or how many witnesses they have interviewed. What prompted the inquiry is also unclear, but the Russian document was mentioned in a book published last fall, “Deep State: Trump, the F.B.I., and the Rule of Law” by James B. Stewart, a Times reporter.
A lawyer for Mr. Comey declined to comment, as did a spokeswoman for the United States attorney’s office in Washington.
Mr. Trump has repeatedly pressured the Justice Department to investigate his perceived enemies. In 2018, he told the White House counsel at the time, Donald F. McGahn II, to prosecute Mrs. Clinton and Mr. Comey. Mr. McGahn refused, telling the president that he did not have the authority to order investigations and that doing so could prompt abuse-of-power accusations. Mr. Trump had also discussed the appointment of a second special counsel to conduct the investigations he sought.
Previously, federal prosecutors in New York scrutinized Mr. Comey after his personal lawyer and friend, Daniel C. Richman, provided the contents of a memo about Mr. Comey’s interactions with Mr. Trump to a Times reporter at Mr. Comey’s request. That memo contained no classified information, officials later determined.
Though officials retroactively determined that other memos that Mr. Comey wrote contained classified information, prosecutors declined to charge Mr. Comey with illegally disclosing the material. The Justice Department’s inspector general, who had examined Mr. Comey’s conduct and referred his findings to prosecutors in New York, concluded that Mr. Comey violated F.B.I. policy.
The latest investigation involves material that Dutch intelligence operatives siphoned off Russian computers and provided to the United States government. The information included a Russian analysis of what appeared to be an email exchange during the 2016 presidential campaign between Representative Debbie Wasserman Schultz, Democrat of Florida who was also the chairwoman of the Democratic National Committee at the time, and Leonard Benardo, an official with the Open Society Foundations, a democracy-promoting organization whose founder, George Soros, has long been a target of the far right.
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