In this image released by ABC News,
former FBI director James Comey appears at an interview with George
Stephanopoulos that will air during a primetime "20/20" special on
Sunday, April 15, 2018 on the ABC Television Network. Comey's book, "A
Higher Loyalty: Truth, Lies, and Leadership," will be released on
Tuesday. (Ralph Alswang/ABC via AP)
(©2018 American Broadcasting
Companies, Inc. All rights reserved.)
Through his actions during his relatively brief tenure
as FBI Director and now in penning and promoting a salacious “tell all”
book, it is now quite evident that James Comey’s higher loyalty is to
James Comey, and James Comey alone. It is not, by any stretch of the
imagination, to the FBI, where I served for 24 years, or to the selfless
men and women who work there – all of whom he has tossed, once again,
into the middle of a political firestorm.
The ancient Greeks had a word for the excessive vanity
that would cause someone to place his interests before those of his
country and those of the dedicated public servants he was called to lead
– it’s called
hubris.
There is no other plausible explanation for his series
of ill-advised actions, beginning with the then-director’s now-infamous
press conference in July 2016, when he acted contrary to 28 US Code
Section 547, Section 9 of the United States Attorneys Manual
and
over 100 years of established practice between the FBI and the U.S.
Department of Justice (DOJ). He did this in declaring, without ever
consulting with a DOJ prosecutor, that Hillary Clinton was
un-prosecutable in the wake of a kid gloves investigation.
His actions are unworthy of the storied law enforcement
agency I served for close to a quarter of a century, and they shocked
many of us who worked with and around him during his years serving in
the Department of Justice.
The statutes cited above clearly state that the U.S. Justice Department and the United States Attorneys have
plenary authority
to make prosecution decisions. In contravention of this wisely drawn
system of checks and balances, then-FBI Director Comey held his
unprecedented press conference and in doing so, he needlessly injected
the FBI into one of the most volatile political controversies of our
time.
The public needs to understand that this is really not
how the FBI operates within today’s criminal justice system. Jim Comey
and his discredited inner circle in no way represent the FBI and its
dedicated men and women.
Comey's rationale that he took these actions because
Attorney General Loretta Lynch was "conflicted" doesn't hold water with
anyone possessing even a rudimentary knowledge of the federal criminal
justice system.
The American system was designed by our founding
fathers to interject an objective party with legal training between
those who are investigating and those who decide whether to invoke the
legal process to deprive someone of his or her life, liberty or
property.
This brilliant system, which Comey trashed, was designed to keep the FBI and other law enforcement agencies
out of politics. Now
his book renews the controversy to the detriment of nearly everyone but
Jim Comey, who is clearly out to repair his tarnished reputation and
mete out some payback for his dismissal by President Trump.
Sunday’s interview on ABC – and every action he has
taken since usurping the role of the Justice Department – has only
thrust the FBI deeper into the political crucible. It has also
apparently reinforced Comey’s misplaced belief that he, and he alone, is
better equipped than anyone else in the criminal justice system to make
important decisions.
As former director of the FBI, Comey is very familiar
with the recusal process and knows full well that if Attorney General
Lynch was “conflicted,” the legally appropriate process was for her to
delegate decision-making authority to another person inside the Justice
Department. He never gave her a chance. Instead of allowing her to
fulfill her responsibilities and do the right thing, Comey effectively
took her off the hook and placed the FBI on it.
He also forever tainted any future prosecution of
Hillary Clinton because he, the head of the lead investigative agency,
had basically absolved the former Secretary of State of any wrongdoing.
Further evidence of Comey's ego overriding sound
judgment is his willingness to leak and tolerate leaks among his inner
circle. Leaking information concerning sensitive investigations is a
violation of federal law. As the DOJ Inspector General stated in the
Andrew McCabe investigation, such leaks serve no public interest
whatsoever – aside, of course, from serving the private agendas of
McCabe and Comey.
Comey's book removes any doubt that personal animus
towards Donald Trump and acute sensitivity to the political environment
permeated his inner circle and drove key actions and decisions.
Regardless of how one feels about Trump’s presidency, Comey’s petty
references to the president’s physical appearance and other aspects of
his personality are far more revealing about Comey than anyone else.
He describes Donald Trump as acting like a mob boss and
not “tethered to the truth.” He pronounces the president a liar and
“morally unfit to be president.”
If he truly believed this was so, then Jim Comey had a
golden opportunity on several occasions to act on conviction and either
forcefully stand up to the president or resign on principle. The truth
is that Jim Comey relished the role of FBI Director and wanted to keep
his job, so he remained silent until he miraculously found the courage
to speak up while out promoting his book.
I am also particularly concerned that Comey’s
grandstanding could be devastating to ongoing prosecutions and
investigations by Special Counsel Robert Mueller. Our country deserves
to know the truth about how extensively the Russians interfered in our
election and who may have assisted them. And Comey, as an attorney and
officer of the court, knows that as a potential key witness it is highly
inappropriate and potentially prejudicial to the prosecution for him to
comment on matters in which he played such a significant role – and may
have to testify about.
It is ironically Comey and his band – including McCabe,
Lisa Page and Peter Skrozk (he of the infamous “insurance policy” again
Trump being elected) – who will most likely be called as the first
witnesses for the defense in any prosecution that the Special Counsel
might bring forward.
When the director of the FBI, his second in command,
the national security lawyer assigned to keep the case within legal
boundaries and the lead case agent all express a strong bias or even
hatred toward the target(s) of the investigation, they become key
defense witnesses. Juries will take note of this bias and question
everything that stems from it, meaning Comey has carelessly and
needlessly complicated Special Counsel Mueller’s mission.
Comey’s book will sell because these kinds of tabloid
stories always do. There may have been a time and place for him to tell
his story, but now is not that time. His “tell all” is beneath the
office of the director of the Federal Bureau of Investigation, who does
indeed owe a “higher loyalty” – to the criminal justice system and the
mission of the FBI.
Jim Comey’s attempt at burnishing his legacy has thrust
the FBI back into the political arena even as current Director Chris
Wray patiently and doggedly tries – in the models of former directors
Robert Mueller, Louie Freeh and William Webster – to extricate the
agency from this political environment and return to established
procedures and processes free of even a hint of bias or grandstanding.
The public needs to understand that this is really not
how the FBI operates within today’s criminal justice system. Jim Comey
and his discredited inner circle in no way represent the FBI and its
dedicated men and women.
FBI Agents may have political and personal opinions but
they check them at the door as they leave their homes to conduct the
public’s business. FBI employees serve in a complex, global environment,
many in war zones and international hotspots. They provide the most
skilled and professional law enforcement services in the world. They do
not deserve to have their professionalism and objectivity called into
question because of the actions of Jim Comey, whose time as FBI director
was an aberration.
It is very painful for this FBI veteran to say that the
Comey manuscript, with its petty and gratuitous observations,
self-aggrandizement and moralizing, sadly displays an ego that is loyal
first and foremost to its author.
Chris E. Swecker served 24 years in FBI as Special Agent. He
retired from the Bureau as Assistant Director with responsibility over
all FBI Criminal Investigations. He currently practices law in
Charlotte, N.C.