We have no idea whether the current DOJ indictments will lead to a conviction of James Comey, namely that he authorized FBI subordinates to leak to the media and then lied about it, obstructing Congress in the process.
It may come down to the word of Comey, a known fabricator, against the testimony of his former subordinate, Andrew McCabe, an admitted liar. Take your pick.
We know, however, that Comey is not facing a Trumpian $500 million in potential fines, nor 93 indictments, nor the scrutiny of five different local, state, and federal prosecutors. Nor, like some of the J6 arrested, will he be sent to solitary confinement to await a trial in a year or two or be charged with “illegal parading.”
We also know of the crimes or unethical conduct for which James Comey is not currently being indicted or investigated.
He is not being charged with pleading amnesia or ignorance in 2018—e.g., “I didn’t know,” “I couldn’t recall,” “I didn’t remember”—a reported 245 times while under oath to House investigators and misleading them.
He is not being charged with leaking in 2017 a confidential FBI memo of a conversation with then President Trump—which he improperly stored in his personal safe, in violation of FBI protocols—to the New York Times via a third-party Columbia professor.
He is not being charged for falsely assuring the President of the United States in 2017 that he was not the object of the current Crossfire Hurricane “Russian collusion” investigation—when, in fact, Trump, as the Mueller investigation revealed, was the real target of almost that entire ruse.
He is not being charged for deliberately leaking an FBI memo of a conversation with President Trump for the purpose of injuring him by prompting the appointment of his friend and predecessor, Robert Mueller, as a special counsel to investigate the supposed crimes of Donald Trump. Comey’s gambit resulted in a 22-month and $30 million administration hiatus, only to find no actionable wrongdoing by Trump.
He is not being investigated for usurping the role of the DOJ in 2016 when, as an FBI investigator, he served simultaneously as investigator and prosecutor, creating a conflict of interest.
He was tasked with both finding evidence of Hillary Clinton’s alleged wrongdoing and also making the federal prosecutorial decision whether to indict her for transmitting classified material over an unsecured email server. And after finding evidence of her culpability, he chose not to indict her on the grounds that her candidacy at the time meant no reasonable prosecutor (of which he was then not supposed to be one) would bring such a case against her.
He is not being investigated for improperly disclosing his newly reopened investigative case against Hillary Clinton on the eve of the 2016 election. Nor is he being investigated for predetermining that Hillary Clinton was innocent of the charges of unlawfully transmitting confidential material before his own FBI investigation was complete—and before Comey’s FBI had even interviewed her.
He is not being investigated for tasking Peter Strzok to alter his own original condemnation of Clinton’s conduct by replacing the initial and correct term “gross negligence,” a phrase that denotes a federal crime, with “extreme carelessness,” which involves no criminal liability.
He is not being investigated for, nor charged with, birthing the entire governmental role in the Russian collusion hoax that warped the 2016 presidential election and transition by his use of the discredited Christopher Steele as an FBI confidant/source.
He is not being investigated for using the fraudulent Steele dossier as a “central and essential” document to obtain a FISA court writ to improperly surveil Carter Page—an act that even he later admitted was wrong.
He is not being investigated for stumbling upon a rock mosaic on a beach arranged to read “8647” (“get rid of/remove Trump”) and then on social media nonchalantly posting that clear threat to injure/remove/eject the current president.