Comey and His Wingman: Not Out of the Woods Yet!

TOP LINE

On Friday, a temporary win for Daniel Richman.   He’s the Columbia Law School professor and personal friend of James Comey who acted as a de facto PR rep for the former FBI Director.  

Based on now declassified records, Richman was a Special Government Employee or SGE.  He was hired by the FBI at Comey’s instruction to counter media stories that were critical of Comey and his handling of the Clinton email and Trump investigations.

For the time being, a federal judge has ruled that the Justice Department cannot access Richman’s emails and other electronic communications that were gathered as part of the FBI probe codenamed ARCTIC HAZE.

But, there is a big BUT.  The court also gave the Justice Department a reprieve: the DOJ may get access to Richman’s evidence if it pursues a second indictment of Comey.

DEEP DIVE

Judge Colleen Kollar-Kotley found that the Justice Department had violated Richman’s Fourth Amendment rights which protect against unreasonable search and seizure by the government.   

Investigators had acquired Richman’s electronic communications…

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…as part of an earlier investigation involving the New York Times and the FBI’s investigation of then Secretary of State Hillary Clinton who used an unsecured personal server for government business.

NOTE: Clinton‘s emails contained highly classified intelligence, including restricted Special Access Programs.  These programs involve fragile sources and methods such as intelligence from human spies.

The court records confirm Richman's electronic communications were obtained for the FBI probe codenamed ARCTIC HAZE.  It investigated the leak of highly classified intelligence about then Attorney General Attorney General Loretta Lynch that alleged she was compromised in the 2016 Clinton email probe.

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