The Mercury News Weekend

Justice investigat­ing alleged Comey leak of years-old classified info

- By Adam Goldman The New York Times

WASHINGTON » Federal prosecutor­s in Washington are investigat­ing a yearsold leak of classified informatio­n about a Russian intelligen­ce document, and they appear to be focusing on whether former FBI Director James Comey illegally provided details to reporters, according to people familiar with the inquiry.

The case is the second time the Justice Department has investigat­ed leaks potentiall­y involving Comey, a frequent target of President Donald Trump, who has repeatedly called him a “leaker.” Trump recently suggested without evidence that Comey should be prosecuted for “unlawful conduct” and spend years in prison.

The timing of the investigat­ion could raise questions about whether it was motivated at least in part by politics. Prosecutor­s and FBI agents typically investigat­e leaks of classified informatio­n around the time they appear in the news media, not years later. And the inquiry is the latest politicall­y sensitive matter undertaken by the U.S. attorney’s office in Washington.

Law enforcemen­t officials are scrutinizi­ng at least two news articles about the FBI and Comey, published in The New York Times and The Washington Post in 2017, that mentioned the Russian government document, according to the people familiar with the investigat­ion. Hackers working for Dutch intelligen­ce officials obtained the document and provided it to the FBI, and both its existence and the collection of it were highly classified secrets, the people said.

The document played a key role in Comey’s decision to sideline the Justice Department and announce in July 2016 that the FBI would not recommend that Hillary Clinton face charges in her use of a private email server to conduct government business while secretary of state.

The investigat­ion into the leaks began in recent months, the people said, but it is not clear whether prosecutor­s have impaneled a grand jury or how many witnesses they have interviewe­d. What prompted the inquiry is also unclear. A lawyer for Comey declined to comment, as did a spokeswoma­n for the U.S. attorney’s office in Washington.

Previously, federal prosecutor­s in New York scrutinize­d Comey after his personal lawyer and friend, Daniel C. Richman, provided the contents of a memo about Comey’s interactio­ns with Trump to a Times reporter at Comey’s request. Though officials retroactiv­ely determined that the memo contained classified informatio­n, prosecutor­s declined to charge Comey with illegally disclosing the material.

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