It’s not news to any of us that Comey leaked his memos last year to a Columbia professor named Daniel Richman. What is new, however, is that Richman was given a special employee status at the FBI:
FOX NEWS – The Columbia law professor James Comey used as a go-between last year to leak the contents of sensitive memos to the media confirmed to Fox News on Tuesday that he previously worked as a “special government employee” (SGE) for Comey’s FBI on an unpaid basis.
The professor, Daniel Richman, confirmed the special status in response to an inquiry from Fox News, while referring other questions, including on the scope of his work, to the FBI.
“I did indeed have SGE status with the Bureau (for no pay),” Richman wrote in an email.
Richman emerged last year as the former FBI director’s contact for leaking memos documenting his private discussions with President Trump – memos that are now the subject of an inspector general review over the presence of classified material. Sources familiar with Richman’s status at the FBI told Fox News that he was assigned to “special projects” by Comey, and had a security clearance as well as badge access to the building. Richman’s status was the subject of a Memorandum of Understanding.
While Richman’s portfolio included the use of encrypted communications by terror suspects, the sources said Richman also was sent talking points about the FBI’s handling of the Hillary Clinton email investigation. Those talking points attempted to compare and contrast Clinton’s use of an unsecured personal server exclusively for government business with the case of retired Gen. David Petraeus, who shared classified information with his biographer and mistress Paula Broadwell, as well as the case brought against the late Sandy Berger. The former national security adviser under President Clinton pleaded guilty to the unauthorized removal and retention of classified material from the National Archives.
According to the Office of Government Ethics, a special government employee is “an officer or employee who is retained, designated, appointed, or employed to perform temporary duties, with or without compensation, for not more than 130 days during any period of 365 consecutive days.”
Questions are being raised about this from Jim Jordan…
“[D]uring that deposition, it was brought out that Daniel Richman, the guy who information was leaked through to The New York Times, had this special status called special government employee status, where he could sort of come and go in the FBI,” Jordan said. He said he could not speak to the significance, but “it seems kind of interesting that the guy who Comey leaks to is a good friend, who had this sort of unfettered access into the FBI.”
And Mark Meadows…
“It’s certainly interesting that Director Comey would offer a special job and give full access to his friend when there are 35,000 employees at the FBI. And it isn’t just that he gave these memos to a friend–he gave them to another FBI employee he had hand-picked to act as a ‘special government employee’ of the FBI. The question becomes: how many other people did he give these memos to?” he told Fox News in a statement.
I’ll admit that I’m not entirely sure of the significance of this either. The article doesn’t really go there. Knowing what we know now, I don’t think this special employee status would give Richman the authorization to read classified information. But if for some reason it does, that might protect Comey from potential prosecution about his leaking classified information.
But other than it being odd for Comey to do, as both Jordan and Meadows point out, I’m not sure of any other legal implications this might have.