What can fired FBI boss James Comey say now? His opinion, for starters - Action News
Home WebMail Saturday, November 23, 2024, 08:53 AM | Calgary | -12.1°C | Regions Advertise Login | Our platform is in maintenance mode. Some URLs may not be available. |
WorldAnalysis

What can fired FBI boss James Comey say now? His opinion, for starters

Newly fired FBI director James Comey may not have a job, but lawmakers are very eager to know whether he's got a story to share on Capitol Hill. He may get that chance if he accepts an invitation to testify before a Senate panel next week.

Many people want to know Comey's take on why Trump fired him this week

James Comey, fired this week as director of the FBI, has been invited to testify before a Senate committee on Tuesday. (Kevin Lamarque/Reuters)

Newly fired FBI director James Comey may not have a job,but lawmakers are very eager to know whether he's got a story to share on Capitol Hill.

Last week, a Senate panel heard from James Comeythe law-enforcement official. Next Tuesday, the Senate intelligence committee investigatingRussian meddling in the U.S. election wants to hear from James Comeythe private citizen during a closed-door hearing.

The man who was overseeing the investigation into possible collusion between the Russians and members of President Donald Trump's teamis now free to give testimony of a sort he couldn't before.

"Right now he can come out ... to talk about his opinions,his politics," said Jeff Ringel, a retired FBI squad supervisor in New York. "There's no longer the requirement he has to forever hold those views to himself."

Protesters gather outside the White House to rally against U.S. President Donald Trump's firing of Comey. (Jonathan Ernst/Reuters)

The FBI is not intended to be a political entity. The federal law known as the Hatch Act restricts employees from expressing partisan beliefs. But Comey is no longer bound by the bureau's rules against showing partisanship.

In a televised hearing, for example,Comeycouldtestify under oath and reveal why he believes he was fired shortly after reportedly requesting more moneyfrom the Justice Department to expand the bureau's Russia inquiry.

"As a private citizen, he can now jump up and down and say, 'Trump's an asshole,' and that's fine," Ringel said.

Comey, 56, reportedly learned he was fired Tuesday while addressing a Los Angeles field officeand noticed breaking news alerts on TVs in the room.

The official reason, given in a memorandum from Deputy Attorney General Rod Rosenstein, was Comeyhad "usurped" the authority of the Department of Justice in July by announcing findings critical of Democrat Hillary Clinton's handling of sensitive emailsback when she was secretary of state.

Skeptical Democratic lawmakers and some of their Republican colleagues questioned that rationale, noting that Trump had previously praised the Obama administration appointee, saying it took "a lot of guts"for himto make the Clinton announcement during the campaign. His sudden firing raised suspicions of an attempt to derail the FBI's Russiainvestigation that was ramping upfollowing Comey'srefusal last week to confirm in a Senate hearing that Trump was not a target.

'Why do you think you were fired?'

Attending a House or Senate panel would give Comey the opportunity to air possible grievances, says Myron Fuller, a former FBI supervisor who ran the Salt Lake City division.

"I think if I was him, I'd want to tell my story," he said. "And at least he would be able to give some idea of why he thinks he was fired, because the discussion is why was he fired now?"

President Donald Trump's letter of termination for Comey. (Joshua Roberts/Reuters)

Fuller expects Comey willappear at a future congressional hearing, though he says it's unlikely he would disgrace the office by saying anything unprofessional, given his reputation as a straight-shooter and as someone who holds the FBI in the highest regard.

"I think that would be really the only thing he would want to talk about if questioned, is, 'Why do you think you were fired?'"

But Comey'sfarewell letter to agents and friends at the bureau suggests otherwise.

"I'm not going to spend time on the decision or the way it was executed. I hope you won't either," he wrote.

While Comeyis free to publicly share his opinions, he has no such leeway when it comes to classified information about ongoing cases such as the Trump-Russia probe.

Now that he's no longer director of the FBI, Comey is free to share his opinions, like, for example, why he thinks President Donald Trump fired him. (Kevin Lamarque/REuters)

Jim Trusty, who worked as a lawyer for the Department of Justice in the organized crime and gangs division, said Comey is still required"to respect the traditional restrictions of free speech," meaningclassified material can't be leaked into the public domain.

Law enforcement officials aren't supposed to provide factual details of ongoing investigations, particularly when it's disparaging information and the agency doesn't end up prosecuting.

"The philosophy behind that is it's particularly unfair to say negative things about a target, and then never afford them a court proceeding with which they can acquit themselves," explained Trusty, now a partner with Washington-based firm Ifrah Law.

U.S. President Donald Trump is defending his decision to fire Comey after receiving criticism from both parties. (Carolyn Kaster/Associated Press)

David Gomez, a former FBI special agent in charge of the Seattle field office, saysanyone who carries the highest security clearances in the U.S. would carry those into retirement for a certain period of time.

"Whenever you leave the FBI whether you're fired, retired or resigned you sign a non-disclosure agreement as you do when you're hired," he said. The agreement would dictate an employee is barred from talking about anything related to specific cases without approval from headquarters.

That means any possible tell-all memoir detailing Comey's tenure as director, for example, would need sign-off from the FBI to ensure revelations such as code words don't jeopardize sensitive operations.

Violating non-disclosure agreements might carry criminal penalties, Gomezsaid, "though the violation would probably have to be pretty egregious."

"That said, knowing Jim Comey and his reputation, I think you're going to see the same Jim Comey testifying publicly before Congress as we've seen before."