Former WH Ethics Lawyer Files Hatch Act Violation Complaint Against Comey

[Crash2Parties]

Source: NYTimes, C&L

Painter outlines a case against Trump, laying out his possible connections to Russia and how nothing is being discussed publicly from the FBI, but then does a 180 pivot to what actually came out, this vague statement on emails. Painter states it quite clearly:

"Violations of the Hatch Act and of government ethics rules on misuse of official positions are not permissible in any circumstances, including in the case of an executive branch official acting under pressure from politically motivated members of Congress. Such violations are of even greater concern when the agency is the F.B.I."

And this is the kicker:

"But an official doesn’t need to have a specific intent — or desire — to influence an election to be in violation of the Hatch Act or government ethics rules. The rules are violated if it is obvious that the official’s actions could influence the election, there is no other good reason for taking those actions, and the official is acting under pressure from persons who obviously do want to influence the election."

No intent is needed. The fact that Comey put in motion actions that could affect the election is in and of itself a violation of the Hatch Act. Period. And there is no disputing that his actions are having an affect. Painter closes with this:

"This is no trivial matter. We cannot allow F.B.I. or Justice Department officials to unnecessarily publicize pending investigations concerning candidates of either party while an election is underway. That is an abuse of power. Allowing such a precedent to stand will invite more, and even worse, abuses of power in the future."

Read more: http://crooksandliars.com/2016/10/former-white-house-ethics-lawyer-gwb-files

---

And the actual op-ed, here:

http://www.nytimes.com/2016/10/30/opinion/on-clinton-emails-did-the-fbi-director-abuse-his-power.html

"And that is why, on Saturday, I filed a complaint against the F.B.I. with the Office of Special Counsel, which investigates Hatch Act violations, and with the Office of Government Ethics. I have spent much of my career working on government ethics and lawyers’ ethics, including two and a half years as the chief White House ethics lawyer for President George W. Bush, and I never thought that the F.B.I. could be dragged into a political circus surrounding one of its investigations. Until this week. For the sake of full disclosure, in this election I have supported Jeb Bush, Marco Rubio, John Kasich and Hillary Clinton for president, in that order."

And according to the WashPost,
" there is only one penalty, as I understand it, for violation of the Hatch Act for a federal employee. And that is removal. "

So it looks like neither President Obama nor President Clinton will need to actually fire the guy...

[Ellipsis]

1. The turn of events in the last few day is frickin' crazy....

[Coyotl]

66. Rep. Elijah Cummings sums it up best:

from: Rep. Elijah Cummings on @NewDay discussing @FBI Director Comey = VIDEO

VIDEO: https://twitter.com/OversightDems/status/793083480284463104

House OversightDems @OversightDems
ICYMI: @RepCummings was on @CNN @NewDay discussing the FBI's letter to Congress.

From July, Cummings points out the FBI found a big nothing burger:

Rep. Elijah Cummings Questions FBI Director James Comey 7/7/16

FBI Director James Comey testifies that the emails were not properly marked as confidential. Rep. Cummings confirms that the State Department indicated a day after Director Comey made his statement, had indicated that even the three emails in question that were improperly marked were also not actually classified.

July 7, 2016
Rep. Elijah Cummings Highlights How Comey Debunked Right-Wing Media "Talking Heads' Claims Of Bias" In Clinton Email Hearing

"First, the director testified that his entire team of 15 to 20 FBI investigators and analysts unanimously agreed on the recommendation not to prosecute Secretary Clinton. Second, Director Comey made crystal clear that Republican claims, some of the talking heads' claims of bias are completely false. He testified that he would treat John Doe the same way he would treat Hillary Clinton, that he was very forceful on that point. Third, on the claim that Secretary Clinton sent or received e-mails that were marked as classified, that claim has now been significantly undercut. Those documents were not classified, and those markings were not proper. Finally, Republicans have repeatedly cried foul about a double standard when it comes to secretary Clinton's e-mails. But director Comey testified that the real double standard would have been to prosecute her with this completely inadequate -- with this completely inadequate evidence."

[underpants]

2. Hatch Act. Excellent

We are going to need to see all ALL your emails phone logs and depose you a couple of times Mr. Comey.

[canetoad]

4. Yep

For at least 11 hours at a time.

[underpants]

9. LOL

[uponit7771]

13. +1, it there's any indication Comey KNEW the FBI Clinton Server investigation had the emails long

... before a couple of weeks ago then stick a fork in him.

[FreeStateDemocrat]

5. We need to start hitting the NYT story link and try to get some legs under this serious action!

Here is another link that is now on CNN home page, they love clicks:

http://www.cnn.com/2016/10/28/opinions/fbi-director-comey-should-resign-opinion-callan/index.html

[Ellipsis]

8. I don't think your going to have to worry about that.

[calimary]

6. But rest assured - a President CAN fire an FBI director.

http://heavy.com/news/2016/10/james-comey-fired-fbi-director-hillary-clinton-email-private-server-influence-election/

[SunSeeker]

10. K & R

[chelsea0011]

11. If this was done to a Republican candidate for POTUS, the Congress would have before a committee

this very week to answer questions.

[Angel Martin]

38. Actually it was

http://blogs.wgbh.org/masspoliticsprofs/2016/10/29/comey-lawrence-walsh-2016/

[PunksMom]

58. You Bet!

[George II]

12. Painter was chief White House ethics lawyer in the BUSH administration! Partisan politics aside...

...generally lawyers side with the LAW, not their parties. That's great of him.

[MyOwnPeace]

18. WHOA!!!!!!!!

Who ever thunk "W & Co." had "ethics lawyers!"

[George II]

27. When the ethics lawyer of the bush administration is offended, you know Comey screwed up!

[burrowowl]

49. Yes Comey really blew it!

[SodoffBush]

72. The Hatch Act has been around since 1939.

It was named for Senator Carl Hatch of NM.

The Act has been modified over the years. As I posted elsewhere, Obama has strengthened punishment possibilities for violators. An ethics lawyer can hardly NOT tale action on violations; his political party affiliation is irrelevant per the intent of the entire Act.

[ColemanMaskell]

15. That should make a lot of Dems happy :-)

[GreydeeThos]

16. Comey knows his career is over; he does not care.

Comey is a Republican first. He has been sent out on the mission from which he will not return. For the Republicans, he is expendable. Comey is just another acceptable loss in the quest for political power.

[WHEN CRABS ROAR]

25. He will be paid well with future speaker fees.

from all the usual groups.

[George II]

29. Will the usual groups visit him in Leavenworth to listen to him speak?

[WHEN CRABS ROAR]

31. We can only wish for that outcome.

[Crash2Parties]

45. Pretty sure the only penalty to the Hatch Act is dismissal from employment.

In which case he may have already been promised a nice, cushy corporate job somewhere at ten times the pay.

Unless it was Trump who promised it, in which case Comey "didn't do a good enough job" and will get nothing.

[RKP5637]

26. Yep, as I discuss in #24. He was the sacrificial lamb for this mission and most Americans are far

too lame to get what's going on IMO.

[PunksMom]

59. I said the same thing in here

and got chastised for calling Comey a lamb. Which is not what I meant at all. I agree though.

[RKP5637]

60. I think there's definitely something going on, it's all getting far too weird! n/t

[SodoffBush]

70. Obama modernized the Hatch Act in 2012

to allow for penalties other than removal.

President Barack Obama signed the Hatch Act Modernization Act of 2012 on December 28, 2012. It modified penalties under the Hatch Act to allow for disciplinary actions in addition to removal for federal employees; clarified the applicability to the District of Columbia of provisions that cover state and local governments; limited the prohibition on state and local employees running for elective office to employees whose salary is paid completely by federal loans or grants.[18]

https://en.wikipedia.org/wiki/Hatch_Act_of_1939#Provisions

[left-of-center2012]

17. Obama should fire him the day after the election.

Or send him to the FBI office in Nome, Alaska.

[MyOwnPeace]

20. I believe.....

the Geneva Conventions do not allow political exile or extreme punishment - he should not/cannot be sent into the "wilderness" with Sarah Palin!

[Hugin]

22. But... But... But... He can SEE Russia from there!

[George II]

32. I think he'll be fired sometime between November 8 and January 20. Lynch should also begin...

....a criminal investigation into this whole affair.

And when the Democrats get control of the Senate, they should hold hearings out of their asses and subpoena Comey, Chaffetz, Trump, Conway, MANAFORT (!!) and more to testify.

It's time to start treating republicans the way republicans treat Democrats.

[Dustlawyer]

19. That is why the media and Clinton are not talking about Trump's

rape trial scheduled in December! You don't hear much about the Republican Nominee being accused of raping a 13 year old

[RKP5637]

23. Amazing, isn't it! I guess many are just comfortable with the rape of a 13 year old and it's not

newsworthy.

[Dustlawyer]

61. Probably a gag order in place.

[Hekate]

41. Hillary is very smart to not bring up a rape trial. Contact the media (LTTE, etc) & ask about it....

But I wouldn't be second-guessing Hillary and her campaign on this one.

Never forget how Trump destroyed his GOP adversaries one by one: got inside their heads and invited them down into the gutter with him. Once he did that, they were finished. You notice Hillary Clinton is still standing. "When they go low, we go high."

[duffyduff]

48. It is a civil case and probably won't go to trial but be settled out of court. n/t

[Hugin]

21. Well, done!

"For the sake of full disclosure, in this election I have supported Jeb Bush, Marco Rubio, John Kasich and Hillary Clinton for president, in that order."

[George II]

34. That was beautiful, wasn't it?

[RKP5637]

24. This might have been calculated, that he is the sacrificial lamb, that someone will pick him

up financially if ousted. Many Americans are way too lame to follow up on this story. What will stick in their pea brains is Hillary had/has more hidden emails or some delusional thoughts like that. I've been startled at how outright stupid much of America is!!!

[WHEN CRABS ROAR]

28. After 75 yrs. on this planet I'm not startled anymore

but this election is way over the top of any I have experienced.

[RKP5637]

30. Same here. I'm seriously wondering about the future of America, will it even hold together,

and I'm serious. We see other countries fall apart and many IMO in the US are so naive. SH** happens, and sometimes quickly.

[WHEN CRABS ROAR]

35. I agree with you

It will only take the right spark to set it off.

[RKP5637]

40. I've never seen the US so much on the edge with such a lack of resiliency. And, there are no buffers

anymore, at one time just about 3 TV stations for many of us, or picking up the local paper, or maybe the nearest big city paper.

Today, it's instantaneous and many run with what they just heard, no time to reflect or think, little critical thinking for many. And today's US is fueled by hatred.

I find it very uncomfortable. Even if Hillary wins, which I think she will, there will be four more years of disruptions, endless turmoil and hatred. Meanwhile, many countries will walk right past the US into the future, as the US spins like a top in Idiocracy. We're lucky to have had better times for the most part..

[WHEN CRABS ROAR]

46. I live in southwest Oregon and I'm seeing a lot of militia types,

Oath Keepers and Constitutional Sheriffs, it's not a good sign for the future.

[burrowowl]

33. K&R!!!!!!

[Bear Creek]

36. actions are being covered up.

Coverup
Comey is supposed to be investigating Trump's ties to Russian hacking. Instead of the attention on Trump it is now on emails from Weiner to his soon to be ex wife that were turned in back in April from what I have read. So Trump's illegal actions are being covered up.

[Buzz505]

37. Only fire him?

I think much more is warranted including jail time. Too bad he won't receive the punishment he deserves.

[MBS]

39. compelling also that the author was White House ethics counsel 2005-2007

during the George W. Bush administration.

[YOHABLO]

47. the Republican Syndicate is paying Comey off. No doubt. You got to play with the boys or go down.

[roamer65]

50. Comey should be suspended, pending investigation for Hatch Act violations. N/t

[Warpy]

51. GREAT!! That will force him to cough up or shut up

especially since Reid says he's been sitting on some really damning stuff about Dirty Don's Russian ties.

[Puzzler]

52. Comey should NOT be fired before election...

... in my opinion, this could be misunderstood and easily backfire. Shit-can Comey's ass the day after.

Comey is at fault (to put it mildly), but if he was fired before the election, the GOP would have a field-day saying that Obama was interfering with the election. The problem is that (justified) "interference" from the White House however warranted, will look worse, at least over these last critical days.

-P

[Cosmocat]

54. Yep

I have called this scumbag the POS partisan he is since his hatchet job four months ago.

And, EVERY democrat should be calling for his head 1) because it is fully justified 2) this is what republicans do to anyone who simply is doing the right thing when one of their tribe does something illegal or unethical.

EXCEPT for BHO and Loretta Lynch.

They have to tread VERY carefully as you note the next 8 days.

One November 9th, though ...

[SodoffBush]

71. If he's being investigated for being in violation of the Hatch Act,

he has probably already had his computer impounded.

A key purpose of the act is to keep personal political views out of one's federal job duties. It's a serious violation. Federal employees are trained on the Act every year.

[Puzzler]

76. I agree with you...

... and fully understand what you are saying. But, my point is, that regardless of Comey's malfeasance, in my opinion, he should be publicly dealt with after the election. Maybe within an hour of Clinton (hopefully) winning.

My point is simply one of political strategy, and nothing more.

(BTW, I mean my reply in a friendly tone, and not a critical one)

-P

[JCannon]

53. Obama and Biden can reveal Trump's secrets

I just did some research into the Hatch Act. Guess what? It doesn't apply to Barack Obama and Joseph Biden.

If Reid is right -- if the intel community really has uncovered "explosive information" about Trump and Russia -- then Obama and/or Biden have a right to reveal that information. In fact, I would say they have an obligation.

If you want to contact Obama or Biden go here.

Will they pay attention to your message? I don't know. I suspect that a thousand similarly-phrased messages might get some attention; even a few hundred might do the job. Suggested wording:

"Senator Harry Reid says that the intelligence community possesses "explosive information" about Donald Trump's relationship with the Russian government. If this is true, the public has a right to know -- BEFORE election day. The time is now. Please reveal whatever you can find out about Donald Trump's campaign and the government of Vladimir Putin."

Wouldn't you love to learn what the NSA knows about Vladimir's dealings with Donnie?

[Sunlei]

56. They would NEVER do that. Why don't you send your 'suggested wording" to the President.

[JCannon]

64. I did.

And to Biden. And a different version to Michelle Obama. Don't you think we deserve to know the truth?

[Sunlei]

65. of course, but that's not their job at all.

[Odin2005]

55. About fucking time!

[bucolic_frolic]

57. No way

Comey could NOT have been aware of the implications of his actions

Clearly Federal officials potentially falling under jurisdiction of the Hatch Act
must vet their actions beforehand.

How he thought the actions taken could pass below the radar is inconceivable

unless he figured with a GOP Senate he would escape scrutiny, which is the
obvious calculation and proves the point.

[Upin]

62. Doesn't seem likely to go anywhere

"But an official doesn’t need to have a specific intent — or desire — to influence an election to be in violation of the Hatch Act or government ethics rules. The rules are violated if it is obvious that the official’s actions could influence the election, there is no other good reason for taking those actions, and the official is acting under pressure from persons who obviously do want to influence the election."

There's precedent through this whole investigation of similar notices and updates to all the committees involved.

They just have to take the position that this is what they have done before and they are under no obligation to change just because there is an election coming up.

[SodoffBush]

69. It will go somewhere

These federal and D.C. employees may not:

use official authority or influence to interfere with an election
solicit or discourage political activity of anyone with business before their agency
solicit or receive political contributions (may be done in certain limited situations by federal labor or other employee organizations)
be candidates for public office in partisan elections
engage in political activity while:
on duty
in a government office
wearing an official uniform
using a government vehicle
wear partisan political buttons on duty

AND

Employees of the following agencies (or agency components), or in the following categories, are subject to more extensive restrictions on their political activities than employees in other Departments and agencies:

Administrative law judges (positions described at 5 U.S.C. § 5372)
Central Intelligence Agency
Contract Appeals Boards (positions described at 5 U.S.C. § 5372a)
Criminal Division (Department of Justice)
Defense Intelligence Agency
Federal Bureau of Investigation
Federal Election Commission
Merit Systems Protection Board
National Geospatial-Intelligence Agency
National Security Agency
National Security Council
Office of Criminal Investigation (Internal Revenue Service)
Office of Investigative Programs (Customs Service)
Office of Law Enforcement (Bureau of Alcohol, Tobacco, Firearms and Explosives)
United States Office of Special Counsel
Secret Service
Senior Executive Service

https://en.wikipedia.org/wiki/Hatch_Act_of_1939#Provisions

[Upin]

75. Using that logic...

... If we had video ironclad proof that Trump was personally kidnapping children and transporting them across state lines, the FBI couldn't make that known or act until after the election.

It could 'interfere with the election'.

They just have to show that there is precedent for what they did. They have that with all the previous correspondence and everything that already happened.

Comey was in a no win situation and he took the least bad choice as he knows his career is over no matter what happens.

[Nitram]

63. Busted!

[patsimp]

67. Comey needs to be investigated by a special prosecutor.

[SodoffBush]

68. I'm a retired federal employee who has used the Hatch Act

against two supervisors. The Act is very effective at getting one's attention, especially since Federal Employees are trained to understand its parameters every year. During my time in Federal Service, jail time was possible for perpetrators.

The FBI agents who are colluding in the background need to have a violation filed against them as well.

https://en.wikipedia.org/wiki/Hatch_Act_of_1939#Recent_events


Obama has modernized the Hatch Act:

President Barack Obama signed the Hatch Act Modernization Act of 2012 on December 28, 2012. It modified penalties under the Hatch Act to allow for disciplinary actions in addition to removal for federal employees; clarified the applicability to the District of Columbia of provisions that cover state and local governments; limited the prohibition on state and local employees running for elective office to employees whose salary is paid completely by federal loans or grants.[18]

https://en.wikipedia.org/wiki/Hatch_Act_of_1939#Provisions

When I used the act against two supervisors, they didn't have any idea what the Hatch Act was about. They do, now. Training has become even more intense.