Rosenstein’s damning memo about Comey’s handling of the email investigation may have been exploited by the Trump White House to justify firing the FBI Director in a bid to shut down the Russia investigation, but its conclusions should still be taken seriously. After all, Rosenstein is a veteran prosecutor who once again proved his independence by appointing respected former FBI Director Bob Mueller as Special Counsel.
According to Rosenstein, at the July 5 press conference, Comey “usurped” the Attorney General’s authority, “violated deeply engrained rules and traditions” at the Justice Department, and “ignored another long-standing principle: we do not hold press conferences to release derogatory information about the subject of a declined criminal investigation.”
Comey’s excuse for breaking protocol and denouncing me in public was that this was “a case of intense public interest.” But as Matt Miller, the Justice Department’s Public Affairs Officer from 2009 to 2011, pointed out the day after the press conference, “The Department investigates cases involving extreme public interest all the time.” He said that Comey’s “willingness to reprimand publicly a figure against whom he believes there is no basis for criminal charges should trouble anyone who believes in the rule of law and fundamental principles of fairness.”
Comey decided to go ahead with the press conference because of supposed concerns he had with his boss, Attorney General Loretta Lynch. His decision was reportedly influenced by a forged Russian document that sought to discredit Lynch. It was fake, but Comey was still concerned (more on that in the next chapter). Comey has also pointed to the fact that Lynch and my husband had a brief, unplanned conversation on a tarmac in Phoenix in late June 2016, when their planes happened to be next to each other. Nothing inappropriate was said in any way, but both of them came to regret exchanging pleasantries that day because of the firestorm that followed. There’s no doubt that the optics were bad, but that didn’t give Comey carte blanche to ignore Justice Department policies and overstep his bounds. The implication that Lynch, a distinguished career prosecutor, was suddenly compromised and couldn’t be trusted is outrageous and insulting. It’s also insulting to the former Deputy Attorney General Sally Yates and all the other senior Justice Department officials who were in the chain of command.
Unfortunately, that wasn’t Comey’s last—or most damaging—mistake.
He violated every rule in the book governing the conduct of federal law enforcement officials and did so in a way that was partisan and that indubitably affected the outcome of the election.
On October 28 I was headed to Cedar Rapids, Iowa, for a rally with the leaders of several major women’s advocacy groups. My friend Betsy was with me on the plane. Annie Leibovitz, the legendary photographer, was along as well to snap candid photos of life on the trail. The election was just eleven days away, and early voting was already in full swing in thirty-six states and the District of Columbia. I was taking nothing for granted, but I was feeling good about our momentum coming out of three successful debates, strong poll numbers, and early-vote projections.
When we landed in Cedar Rapids, Robby Mook, Nick Merrill, and communications director Jennifer Palmieri said they had some news to share. “We have something to tell you, and it’s not good,” Jennifer said. I had a sinking feeling. Things had been going too well for too long. We were due for trouble. “What now?” I asked. “Jim Comey…” Jennifer began, and I immediately knew it was bad.
We didn’t have a lot of information, because the internet had been very spotty on the flight, but Jennifer said it seemed that Comey had sent a brief, vaguely worded letter to eight different congressional committees saying that in connection with an unrelated case, “the FBI has learned of the existence of emails that appear to be pertinent” to the previously closed investigation into my handling of classified information—although “the FBI cannot yet assess whether or not this material may be significant.”
Jason Chaffetz, the then-Chairman of the House Oversight Committee, immediately tweeted with glee: “Case reopened.”
Was this a bad joke? It had to be. The FBI wasn’t the Federal Bureau of Ifs or Innuendoes. Its job was to find out the facts. What the hell was Comey doing?
I got off the plane and into the waiting motorcade, beckoning Betsy to join me in the car. What a relief to have my friend with me.
By the time we finished the rally and got back to the plane, the team had learned more. I sat back down in my seat, across from Huma and Betsy, and asked Jennifer to fill me in. How much crazier could this story get?
A lot.
The unrelated federal investigation turned out to be the one into Huma’s estranged husband, Anthony Weiner. His lawyers had turned over a laptop of his to the U.S. Attorney’s Office. FBI agents from the New York field office searched the computer and found emails between Huma and me.
When we heard this, Huma looked stricken. Anthony had already caused so much heartache. And now this.
“This man is going to be the death of me,” she said, bursting into tears.
After more than twenty years working with Huma, I think the world of her, and seeing her in such distress broke my heart. I looked at Betsy, and we both got up to comfort her. I gave her a hug while Betsy patted her shoulder.
In the days that followed, some people thought I should fire Huma or “distance myself.” Not a chance. She had done nothing wrong and was an invaluable member of my team. I stuck by her the same way she has always stuck by me.
The more we learned, the more infuriating the story became. The FBI didn’t ask Huma or me for permission to read the emails it found, which we would have granted immediately. In fact, they didn’t contact us at all. At the time, the FBI had no idea if the emails were new or duplicates of ones already reviewed, or if they were personal or work related, let alone whether they might be considered classified retroactively or not. They didn’t know anything at all. And Comey didn’t wait to learn more. He fired off his letter to Congress two days before the FBI received a warrant to look at those emails.
Why make a public statement like this, which was bound to be politically devastating, when the FBI itself couldn’t say whether the new material was important in any way? At the very end of his July 5 press conference, Comey had declared sanctimoniously, “Only facts matter,” but here the FBI didn’t know the facts and didn’t let that stop it from throwing the presidential election into chaos.
Comey’s actions were condemned swiftly by former Justice Department officials of both parties, including Republican Attorneys General Alberto Gonzales and Michael Mukasey, the latter of whom said that Comey “stepped way outside his job.”
The Department of Justice’s Inspector General also opened an investigation into Comey’s conduct.
Before Comey sent his letter, Justice Department officials reminded Comey’s deputies of the long-standing policy to avoid any activity that could be viewed as influencing an election. According to reporting by the New York Times, they also said there was no need to inform Congress before the FBI determined if the emails were pertinent. A member of Comey’s team at the FBI also raised concerns. If Comey had waited until after the FBI had reviewed the emails, he would have learned quickly that there was no new evidence. Comey sent his letter anyway.