As a former attorney general of my state, and a former United States attorney, it is perplexing for me to try to understand FBI Director James Comey’s conduct in the agency’s investigation of emails related to Democratic presidential nominee Hillary Clinton. We prosecutors lived by principles that he seems to have violated: Don’t discuss investigations, whether or not they are ongoing. Don’t volunteer evidence you haven’t charged. And don’t engage with legislators.  

I had a hard-and-fast rule in both those offices I held: If an investigation the public did not know about turned up nothing chargeable, we didn’t ever talk about it. To this day there are investigations the public doesn’t know about. My standard line, which I could give in my sleep, was: “We don’t discuss investigations whether or not they are ongoing.” 

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]