Reporting by Catherine Herridge
A legal source close to the matter tells Fox News the Fired FBI Director James Comey’s memos documenting his conversations with President Trump are considered government records and some of the material contained classified information as first reported by The Hill newspaper.
All FBI employees sign employment agreements that block the unauthorized storage or sharing of government records.
Comey justified his actions to a Senate panel last month.
Senator Blunt: “So you didn’t consider your memo or your sense of that conversation to be a government document? You consider it to be somehow your own personal document that you could share with the media as you wanted to?
Comey: Correct. I understood this to be my recollection, recorded, of my conversation with the president. As a private citizen, I felt free to share that. I thought it very important to get it out.
Writing in a tweet, President Trump said, “James Comey leaked classified information to the media. That is so illegal!”
Kellyanne Conway went even further on Fox and Friends.
“The boy scout-choir boy defense doesn’t hold up here…by handing over, admitting under oath, handing over classified information through quote private recollection it doesn’t matter what he calls it. It matters what it is.”
A year ago this month, then Director Comey publicly chastised Hillary Clinton and her team for their careless handling of highly classified information and the use of a personal server for government business.
A Columbia Law School professor also tells Fox News that he never gave reporters hard copies of the Comey memos, and none of the memos had classification markings. But Comey could be criticized over retroactive classification—the same issue that damaged Clinton’s campaign.