What the Justice Department's _own_ manual says about prosecutions under 641 for what Comey did:

[kpete]

https://www.justice.gov/usam/criminal-resource-manual-1664-protection-government-property-theft-government-information

Link to tweet

[elleng]

1. WHAT Comey did, what exactly?

[appleannie1943]

2. It was not government property. It was his own notes.

[The Velveteen Ocelot]

3. It wasn't stolen property - it was his own memos.

He didn't "steal" anything.

[PJMcK]

4. Although he sent the memos to colleagues at the FBI...

...my understanding is that Mr. Comey's memos were personal documents, that is, they were not official memoranda that were entered into case files. Acordinginly, he is free to do with them as he pleases.

[chillfactor]

5. Comey's notes were not "government property"...

they were his personal notes and he can do with them what he damn well pleases!.

[LiberalFighter]

6. I'm guessing these would be like notes kept by police detectives.

That many supposedly take with them when they retire or leave.

[dalton99a]

8. Yep.

[treading_water]

7. I thought this was a good read in the topic

In Sharing Memos, Comey Did Nothing Wrong as a Former Official and Everything Right as a Whistleblower
[link:https://lawfareblog.com/sharing-memos-comey-did-nothing-wrong-former-official-and-everything-right-whistleblower|

[Calista241]

9. They may not prosecute Comey and try to put him in jail

But I suspect they will try to get a judgement against him that says what he did was wrong. If for no other reason than to tarnish Comey's rep, and lessen the legal weight of his memos.


From The Hill:

There are also ethical and departmental rules against the use of material to damage a former represented person or individual or firm related to prior representation. The FBI website warns employees that “dissemination of FBI information is made strictly in accordance with provisions of the Privacy Act; Title 5, United States Code, Section 552a; FBI policy and procedures regarding discretionary release of information in accordance with the Privacy Act; and other applicable federal orders and directives.”

One such regulation is § 2635.703, on the use of nonpublic information, which states, “An employee shall not engage in a financial transaction using nonpublic information, nor allow the improper use of nonpublic information to further his own private interest or that of another, whether through advice or recommendation, or by knowing unauthorized disclosure.”

The standard FBI employment agreement bars the unauthorized disclosure of information “contained in the files, electronic or paper, of the FBI” that impact the bureau and specifically pledges that “I will not reveal, by any means, any information or material from or related to FBI files or any other information acquired by virtue of my official employment to any unauthorized recipient without prior official written authorization by the FBI.”

http://thehill.com/blogs/pundits-blog/the-administration/337160-opinion-the-damaging-case-against-james-comey