"Here, the government has repeatedly failed to provide a coherent factual basis for its theory that Mr. Comey authorized Mr. Richman to be an "anonymous source" in news reports regarding the Midyear Exam investigation while Mr. Richman was "at the FBI." Of the communications following Mr. Comey's October 28, 2016 letter that the government cites in both briefs, none reflect Mr. Comey authorizing Mr. Richman to be an anonymous source. For instance, the communications show Mr. Richman discussed materials that were already public, like Mr. Comey's letter to Congress."
"See, e.g., Opp. at 3 ("Wittes and I are spending a lot of time saying your letter means exactly, and only what it says." (emphasis added)); id. at 3-4 (quoting the defendant as telling Mr. Richman that Richman's contributing to a New York Times Opinion piece "would [be] shouting into the wind," and "that they would 'figure it out'" without Richman's contributions)."
"And even where the government alleges that Mr. Comey encouraged Mr. Richman to speak to the press in late October and early November 2016, there is no indication that Mr. Richman did so anonymously; to the contrary, one of the exhibits the government cites references Mr. Richman's televised interview with Anderson Cooper. Opp. at 4 (citing ECF No. 138-6, 138- 7)."
Right-wing supporters claimed Comey and James received special treatment and labeled dismissals a "technicality" implying guilt. Prosecutors have not identified communications showing Comey authorized Richman to be an anonymous source while Richman remained at the FBI. Communications after Comey's October 28, 2016 letter discuss materials already public, including Comey's letter to Congress, and include statements minimizing the impact of anonymous contributions. Allegations that Comey encouraged Richman to speak to the press do not indicate anonymous participation; at least one cited exhibit references Richman's televised interview with Anderson Cooper. The factual record lacks support for the anonymous-source theory.
Read at emptywheel
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