FBI Director James Comey has come under intense scrutiny in the wake of his letter to Congress on October 28, 2016. On its face, the October 28th letter (PDF: 517 KB) was intended to supplement the Director’s prior testimony before Congress, which detailed the FBI’s decision not to recommend criminal charges against former Secretary Hillary Clinton in connection with her use of a personal email server. But the timing of the correspondence and its incomplete content led to harsh rebuke from both sides of the aisle, accusations by lawmakers that Director Comey violated the Hatch Act (PDF: 195 KB) and criticism by former DOJ prosecutors that the FBI Director broke from longstanding Department of Justice policy.
Federal law and DOJ policy are aimed at assuring that the work of federal employees is carried out with integrity and without regard to politics or political pressure. While criticism of the FBI Director’s decisions is unlikely to abate, a review of the record demonstrates that the FBI Director’s intent was to provide extraordinary transparency in what has been an unprecedented situation. Continue reading