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Old 10-29-2016, 12:55 PM   #4689
photon
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Another take on the letter which tries to bring differing perspectives into view.

Let me share a few thoughts on the latest on the emails front.

We have two contending points of view on the case. One group says Comey flagrantly violated longstanding DOJ policy (through multiple administrations) by sending this letter to the Hill. Indeed, we now have multiple reports that Attorney General Lynch told Comey he was acting outside of DOJ policy. In this view, whatever his motivations, he recklessly interfered in a national election based on little more than an effort inoculate himself from future Republican criticism. This view seems backed up by numerous former federal prosecutors from both parties.

The other group says Comey was in an impossible position. He had testified at length defending his decision not to recommend charges and said that the probe was over, if not officially closed. Based on new information, he had no choice but to supplement his testimony. Beyond this legal obligation, Comey knew there was a good chance information would leak and force his hand or that he would be blamed after the election for withholding information.

I put myself largely in camp one. But I think both sides have decent arguments on their side. One point that seems clear to me from the totality of what we've seen is that Comey is more sensitive to avoiding present or future criticism than addressing the equities behind the DOJ and FBI protocols that counsel against what he did. He's been under non-stop attack - ref-playing - from congressional Republicans for over three months. I've heard unconfirmed reports that Rep. Chaffetz (R-UT) may have gotten wind of this new email cache and pressured Comey write the letter. Whether or not that is true, the broader point remains. Comey felt he would face Republican criticism either now or in the future if he didn't send this letter.


http://talkingpointsmemo.com/edblog/...rse-on-day-two
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