Of FBI Director James Comey’s announcement of newly found emails, Marcy Wheeler at emptywheel writes—The Story About Judicial Dysfunction Behind the Comey Whiplash:
[...] Underlying this entire controversy is another rule that DOJ and FBI claim to abide by but don’t, at all: FBI is not supposed to reveal details of ongoing investigations.
Indeed, according to the NYT, Comey pointed to the certainty that this would leak to justify his Friday letter.
But although Mr. Comey told Congress this summer that the Clinton investigation was complete, he believed that if word of the new emails leaked out — and it was sure to leak out, he concluded — he risked being accused of misleading Congress and the public ahead of an election, colleagues said.
Yet the US Attorney’s Manual, starting with this language on prejudicial information and continuing into several more clauses, makes it clear that these kinds of leaks are impermissible.
At no time shall any component or personnel of the Department of Justice furnish any statement or information that he or she knows or reasonably should know will have a substantial likelihood of materially prejudicing an adjudicative proceeding.
Comey, the boss of all the FBI Agents investigating this case, had another alternative, one he should have exercised months ago when it was clear those investigating this case were leaking promiscuously: demand that they shut up, conduct investigations of who was leaking, and discipline those who were doing so. Those leaks were already affecting election year concerns, but there has been little commentary about how they, too, break DOJ rules.
But instead of trying to get FBI Agents to follow DOJ guidelines, Comey instead decided to violate them himself.
Again, that’s absolutely toxic when discussing an investigation that might affect the presidential election, but FBI’s habitual blabbing is equally toxic for a bunch of less powerful people whose investigative details get leaked by the FBI all the time. [...]
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TWEET OF THE DAY
Trick or treaters barely left & people are already putting Xmas lights up. C’mon it’s not even after midnight.Ã°ÂŸÂ˜Â
Ã¢Â€Â” Ruth Hopkins (@RuthHHopkins) November 1, 2016
BLAST FROM THE PAST
Pickup trucks are, in America, the perfect canvas for patriotism. I am the owner of an (unadorned) truck myself, so I can well appreciate the sheer square footage available for expressions of national loyalty. On a compact car, you can manage a few bumper stickers, a magnetic ribbon — the usual, which is not quite as good as a t-shirt, since t-shirts can have far more complex messages than a bumper sticker, and better than a lapel pin, since lapel pin messages are pretty much restricted to “flag — I has one”.
But a pickup is a grand canvas indeed, and the messages can be varied. In the lowest form, truck art takes the form of a cartoon Calvin pissing on something. The things Copyright Infringement Calvin will piss on seem endless — hey, he’s a rebel, he doesn’t even care about copyright law, he doesn’t follow your rules — but his hatred primarily centers around other brands of trucks.
Confederate flags are an infrequent but still familiar choice, even here in California. I have no idea why a confederate battle flag would have any emotional attachment for a California truck driver, aside from the most obvious interpretation, but there it is. “Cowboy Up” is quite popular, as are other forms of implying cowboy or cowgirlship while on the way to picking up overpriced milk at the ol’ Circle K.
On today’s Kagro in the Morning show: The last full week before election day! Greg Dworkin checks the weekend polls and headlines. The Comey disaster. Trump’s charity dumpster fire burns higher still. Trump lies about
golf baseball. Josie Duffy Rice has more on America’s worst prosecutors.