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Started By
Message
re: CNN suing the FBI for the Comey memos
Posted on 6/15/17 at 9:51 am to Homesick Tiger
Posted on 6/15/17 at 9:51 am to Homesick Tiger
quote:Guess it depends how critical they are to the investigation. Here are the exemptions for the FOIA:
Even though the memos are an integral part of an investigation? I'm not too sure about that.
Exemption 1: Information that is classified to protect national security.
Exemption 2: Information related solely to the internal personnel rules and practices of an agency.
Exemption 3: Information that is prohibited from disclosure by another federal law.
Exemption 4: Trade secrets or commercial or financial information that is confidential or privileged.
Exemption 5: Privileged communications within or between agencies, including those protected by the:
-Deliberative Process Privilege (provided the records were created less than 25 years before the date on which they were requested)
-Attorney-Work Product Privilege
-Attorney-Client Privilege
Exemption 6: Information that, if disclosed, would invade another individual's personal privacy.
Exemption 7: Information compiled for law enforcement purposes that:
7(A). Could reasonably be expected to interfere with enforcement proceedings
7(B). Would deprive a person of a right to a fair trial or an impartial adjudication
7(C). Could reasonably be expected to constitute an unwarranted invasion of personal privacy
7(D). Could reasonably be expected to disclose the identity of a confidential source
7(E). Would disclose techniques and procedures for law enforcement investigations or prosecutions
7(F). Could reasonably be expected to endanger the life or physical safety of any individual
Exemption 8: Information that concerns the supervision of financial institutions.
Exemption 9: Geological information on wells.
0
Posted on 6/15/17 at 9:51 am to buckeye_vol
quote:
His office was searched and packed up without him having access to anything in the office. No memo's in possession of the FBI, no results of a search of FBI computer equipment.
SOme yall just dumb.
Comey says he wrote the memos on his FBI provided laptop. Guarantee he had that FBI laptop with him in LA when he was fired, so searching his office wouldn't have resulted in finding that laptop anyway.
Posted on 6/15/17 at 9:52 am to HeyHeyHogsAllTheWay
quote:From my understanding, the criminality of a leak is usually related to the classification or confidentiality of the information, not necessarily a leak itself. It seems more of a conduct or civil issue than a criminal one.
Comey broke the law.
Posted on 6/15/17 at 9:55 am to HeyHeyHogsAllTheWay
quote:Good point. And while I think k it's reasonable to question his motives and/or the way he handled it, I think it's quite unreasonable to assume he falsified verifiable documentation then committed Perjury regarding it.
SOme yall just dumb.
Comey says he wrote the memos on his FBI provided laptop. Guarantee he had that FBI laptop with him in LA when he was fired, so searching his office wouldn't have resulted in finding that laptop anyway.
Posted on 6/15/17 at 9:57 am to tigerskin
quote:
CNN is suing the FBI in federal court -- seeking copies of the Comey memos.
Posted on 6/15/17 at 9:57 am to buckeye_vol
quote:
From my understanding, the criminality of a leak is usually related to the classification or confidentiality of the information, not necessarily a leak itself. It seems more of a conduct or civil issue than a criminal one.
no no no my friend, the law Ccmey broke has ZERO to do with classified material. He broke The Federal Records Act.
This act is VERY strict about such things and works in conjunction with the FOI laws. For example, if you go into your local courthouse and request certain records, they can't just give them to you, you MUST file a FOIA request and then you will get those records, if the courthouse employee just gives you the records sans FOIA request, they've broken the law.
Posted on 6/15/17 at 10:09 am to HeyHeyHogsAllTheWay
quote:But doesn't the nature of a "personal memo" based on one's own intellectual property complicate that a bit? If he relayed a personal copy of the meeting or just conveyed the information, then the practical distinction seems to counteract the legal one, and makes it a "spirit of the law v. letter of the law" issue.
This act is VERY strict about such things and works in conjunction with the FOI laws. For example, if you go into your local courthouse and request certain records, they can't just give them to you, you MUST file a FOIA request and then you will get those records, if the courthouse employee just gives you the records sans FOIA request, they've broken the law.
Posted on 6/15/17 at 10:11 am to buckeye_vol
I don't think there's such a thing as personal anything on government property such as a government laptop. It's part of the record.
Posted on 6/15/17 at 10:20 am to Salmon
quote:
Doubt it will work
Posted on 6/15/17 at 10:21 am to buckeye_vol
quote:
But doesn't the nature of a "personal memo" based on one's own intellectual property complicate that a bit? If he relayed a personal copy of the meeting or just conveyed the information, then the practical distinction seems to counteract the legal one, and makes it a "spirit of the law v. letter of the law" issue.
It's a complicated matter, for sure. But CNN suing the FBI for access hurts Comey's case. If they were his personal memos, the FBI wouldn't be in a position to hand them over.
Is this really that big a deal? On the surface, no but big picture I think we need to acknowledge that when Presidential candidates are improperly storing classified material, FBI Directors are leaking memos, and a variety of other top officials are leaking classified material left and right it is no great surprise when people like Reality Winner thinks it is entirety appropriate for her to do so as well.
The attitude of "we this is no big deal" has to stop. Laws exist for a reason.
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