James Comey, the Former Director of the Federal Bureau of Investigation

Essay

James Comey, the former director of the Federal Bureau of Investigation (FBI) was fired by President Donald Trump. Following his termination, Mr. Comey gave a memo he had written about his interactions with Mr. Trump to Professor Daniel Richman. Mr. Comey told Professor Richman, "Make sure this gets out there." Professor Richman then shared the content of the memo to the New York Times. Mr. Comey's memo was written on a FBI computer and in FBI offices and facilities. Under the United States Code, 18 U.S.C. § 641 Federal Records Act, federal employees who end their employment are not permitted to take federal property with them, including files, memos, records (electronic and otherwise). After the leak, Mr. Comey testified at a Senate hearing about his meetings with Mr. Trump, his termination, and why he leaked the memo to his friend. He explained, " I didn't do it myself for a variety of reasons, but I asked him to, because I thought that might prompt the appointment of a special counsel." Apply the either/or conundrum in analyzing Mr. Comey's decision to leak the memo in violation of the law.