Comey friend Dan Richman was made aware of ethics rules against sharing government info

Fired FBI Director James Comey has been indicted for lying to Congress when he denied authorizing FBI leaks to the media, with multiple sources telling Just the News that Comey authorized his personal advisor and friend Daniel Richman to leak to the press. Internal FBI emails show Richman was told about ethics rules against leaking.

Internal FBI emails released through the Freedom of Information Act show that, while Richman signed a June 2015 acknowledgment related to his appointment to be a special government employee (SGE), his first term as an SGE appeared to have officially lapsed at the end of June 2016. The paperwork for Richman to re-sign to have him continue as an SGE does not appear to have been sent to Richman again until December 2016, and FBI emails indicate that Richman never actually signed it despite having been reappointed as an SGE in 2016. During this timeframe, Richman continued meeting with Comey and communicating with FBI officials. Comey’s friend resigned as an SGE in early February 2017.

Richman initially signed paperwork in 2015 acknowledging ethics guidelines which barred SGE's from misusing government information and from making non-public information public to further anyone’s private interests. He was also sent guidelines in January 2017 which said SGE's could not improperly leak government information for anyone’s private gain.

Richman, a former DOJ official and current Professor of Law at Columbia University Law School, was assisting the FBI during the 2016 election, and it is already public knowledge that Richman later assisted Comey by leaking the so-called “Comey Memos” to The New York Times in 2017 after Comey's firing by President Donald Trump. Motivating the leak was Comey's desire to prompt the appointment of a special counsel to carry on the bureau’s Trump-Russia investigation, which proved to be baseless. Comey has described Richman as a “friend” to investigators, and Richman also went on to be Comey’s personal attorney.

Comey did not respond to a request for comment sent through his attorney, and Richman did not respond to a request for comment sent to his Columbia University email address.

Allegations of lying to Senate

The indictment against Comey last month came two weeks after Richman was subpoenaed as part of a criminal probe, according to ABC News.

The indictment sought by the Trump Justice Department and approved by a grand jury last month stems from allegations that Comey misled the Senate during his testimony in late September 2020, when he reiterated his May 2017 denial that he had ever authorized an FBI leak of information to the media about the Trump-Russia investigation or Clinton-related investigations. The indictment also alleged that Comey had obstructed Congress by lying to the Senate. 

“On or about September 30, 2020, in the Eastern District of Virginia, the defendant, JAMES B. COMEY JR., did willfully and knowingly make a materially false, fictitious, and fraudulent statement in a matter within the jurisdiction of the legislative branch of the Government of the United States, by falsely stating to a U.S. Senator during a Senate Judiciary Committee hearing that he, JAMES B. COMEY JR., had not ‘authorized someone else at the FBI to be an anonymous source in news reports’ regarding an FBI investigation concerning PERSON 1,” the indictment states.

Sources familiar with the matter confirmed that “Person 1” is Hillary Clinton. The sources declined to be named due to the sensitive nature of the investigation.

The indictment goes on to say that Comey’s leak authorization denial “was false, because, as JAMES B. COMEY JR. then and there knew, he in fact had authorized PERSON 3 to serve as an anonymous source in news reports regarding an FBI investigation concerning PERSON 1.”

The allegation that “Person 3” is Richman comes after multiple news articles had apparently suggested that the person in question whom Comey had allegedly authorized to leak had been former FBI deputy director Andrew McCabe. The sources familiar with the matter stated that “Person 3” is in fact Richman.

At Comey’s direction, records show Richman allegedly spoke with the press to help shape news stories in Comey’s favor, although Richman has said Comey never asked him to talk to the press. FBI emails show that Richman was ostensibly working at the FBI for the Office of General Counsel under then-FBI general counsel James Baker, and that Richman was coordinating with Baker and with then-Comey chief of staff James Rybicki.

The former FBI director pleaded not guilty this week, and his trial is slated to start in January.

Richman acknowledged ethics rules about leaking

Richman signed an SGE appointment document on June 30, 2015. It included the acknowledgment of ethics guidelines. The Office of Government Ethics guideline document referenced in the document signed by Richman was titled, “To Serve With Honor. A Guide on the Ethics Rules That Apply to Advisory Committee Members Serving as Special Government Employees.”

The ethics guidelines included the following admonishment: “Don’t misuse Government information. If you get information that has not been made available to the general public, don’t use (or allow the improper use of) that nonpublic information to further any private interest, either your own or another’s.”

An FBI email was sent to Richman in mid-January 2017 that “your enrollment in the Insider Threat and Media Contact Awareness online course is confirmed.”

An FBI official from the Office of Integrity and Compliance also told Richman in mid-January 2017 that “the required SGE training can be found on the OGE’s website.”

The WayBack Machine in late December 2016 captured the website link that Richman had been sent, bringing up the website for “Ethics Training for SGEs.”

“In order to ensure that every citizen can have complete confidence in the integrity of the Government, it's vital that employees (including SGEs) do not misuse their public position for private gain. In this section, we'll examine many of the areas covered under the Standards of Ethical Conduct,” the ethics website that was sent to Richman stated.

The ethics website sent to Richman continued: “Non-public information is any information that you receive because of your Federal employment that you know or reasonably should know has not been made available to the general public.” The website added: “You may not engage in a financial transaction using nonpublic information or allow the improper use of nonpublic information to further your own private interest or that of another, whether through advice or recommendation or knowing unauthorized disclosure.”

Confusion over Richman’s reappointment in 2016

A handwritten note about Richman within the FBI records stated: “December 2016 Reappointment. Doc drawn up & sent to OGC for Richman signature. Never signed. Never officially reappointed after June 2016 term expiration. Resigned February 2017.”

An email from a member of the FBI OGC in mid-January 2018 stated that “although OGC may have sponsored Mr. Richman, he was an SGE for Director Comey and did not report to or support OGC. Mr. Richman resigned on February 7, 2017.”

One FBI employee asked in late April 2018, “Did you ever get a signed acknowledgment back from him for the 2016-2017 term? I don’t see one in the file.” An FBI employee replied the next day, “It should be in the file if we ever got his signed acknowledgment. I checked our shared drive and don’t see anything for him besides the documents I prepared.”

An FBI HR employee at the end of June 2016 had sent an email noting: “Just a friendly reminder that Mr. Richman’s first term expired today. Please send in the EC request for reappointment.” Another FBI HR employee in early July 2016 said that “I have included an outline for the justification EC which will be reappointed [sic] Mr. Richman as an SGE to serve for another one year term.”

A mid-December 2016 FBI electronic communication on the “Reappointment of Special Government Employee” was produced to “notify the Office of the General Counsel of the approval reappointment in the SGE program of Daniel Charles Richman.” Rybicki was carbon copied on the communication.

An FBI employee at the HR division sent a mid-December 2016 email about Richman with attachments including the To Serve With Honor ethics guide, the Sentinel reappointment electronic communication, and a reappointment letter for Richman.

“The AD of HRD has approved the SGE request for Dan Richman. I have prepared an EC via Sentinel which contained the signed appointment letter as attachment. Please be sure to provide a copy of ‘To Serve With Honor’ the Ethical Guidelines for SGEs to Mr. Richman with the appointment letter and ensure that he signs the acknowledgment form. … Please note, after approval from AD, HRD, the SGE cannot officially report until he is cleared through the Security office,” the message said.

Richman reappointed as SGE

David W. Schlendorf, then the assistant director of the FBI human resources division, sent Richman a mid-December 2016 letter stating, “This confirms your reappointment as a consultant of the Office of the General Counsel … Please see the attached general terms of your reappointment. Please sign and acknowledge these terms as a condition of your reappointment and return to [Redacted]. Thank you for your service to the FBI and the Nation.”

A letter had been sent to Schlendorf in late November 2016 from an FBI official whose name was redacted stating that “the Office of the General Counsel has requested the reappointment of Daniel Charles Richman as a Special Government Employee to serve as a consultant.”

An electronic communication from mid-November 2016 approved by Baker and FBI ethics official Patrick Kelley requested the reappointment of Richman to be an SGE, noting that “Mr. Richman’s first term expired on June 30, 2016.”

The letter from Schlendorf asked Richman to sign a statement that “I understand that under the conditions of my reappointment as a consultant with the Federal Bureau of Investigation” including that “I have received and reviewed the Office of Government Ethics guide: ‘To Serve With Honor’ A Guide on the Ethics Rules That Apply to Advisory Committee Members Serving as Special Government Employees.”

Richman’s personal signature was not on this document, according to FBI emails.

Comey friend’s struggles with FBI media contact training

Richman had also been sent an early October 2015 email about a “New Mandatory Training Assignment: Insider Threat and Media Contact Awareness” and he was told to “please log into the Virtual Academy […] to complete this assignment.” An early February 2016 email stated that this was now an “Incomplete Mandatory Training Assignment” and that “this assignment was not completed by the due date.”

Richman was also sent a late February 2016 email on a “New Mandatory Training Assignment: Marking Classified National Security Information 2016.” Richman received an early July 2016 email saying that he had not completed the assignment.

An email to Richman from early November 2015 also said that Richman had not included a mandatory training assignment on information security.

Richman also received a late March 2016 email on a “New Mandatory Training Assignment: Information Security (INFOSEC) Awareness.” He received an early August 2016 email saying he had not completed the assignment.

Internal FBI emails provide insight into Richman’s work with Comey

Comey was picked by President Barack Obama to be the new FBI director in 2013, and Richman’s close friendship with Comey was apparent in FBI emails.

A judge from the Southern District of New York whose name was redacted emailed Richman in late May 2013, jokingly saying, “Was Comey that bad a teacher that he washed out after less than a semester at Columbia? It’s a shame the guy can’t hold down a private sector job. Seriously, tell Jim I said congratulations. He’ll be terrific.” Richman replied to the judge, “I mentored him but no luck. He will indeed be great, and I’ll pass on your kind words.” Comey then seemingly emailed Richman to say, “The mentoring was extraordinary. I just wanted to get back in the Thrift Savings Plan.”

Richman emailed Comey in December 2014 to pass along an invite for the FBI director to do a Q&A session at Columbia University's Law School in January or February 2015.

Internal FBI emails indicate the bureau was looking to bring Richman on board as a consultant or an SGE as early as late December 2014 or January 2015. 

Richman sent Baker a mid-December 2014 email saying that “I’m indeed interested in working with you along the lines we discussed.” A redacted official at the OGC said in January 2015 that the background check and security clearance process should start soon. The OGC official said he had mentioned Richman “on the high side” — meaning on a classified system. A redacted official from the FBI’s Office of Security Operations had reached out to Richman by mid-January 2015 about the clearance process.

Richman: "I would not plan to say anything"

An official whose name was redacted and appeared to be an FBI associate general counsel told Richman in early January 2015 that “we would like to appoint you as a consultant” and advised him that there would be “ethics-related paperwork.” Richman sent Baker an email in early January 2015 saying that a “consultant” appointment “sounds just fine.” The Comey friend said that “some things to flag on the ethics side” included that “I regularly get contacted by journalists — particularly The New York Times, Wall Street Journal, and Financial Times — to explain things, and they often end up quoting me.” Richman contended that “I would not plan to say anything — on or off the record — about matters I work on for the Bureau.”

Richman exchanged emails with Comey’s then-chief of staff Chuck Rosenberg in mid-February 2015 about an upcoming speech on the topic of “Law Enforcement and Race” that Comey was apparently going to be delivering, with Richman offering to speak with an unnamed reporter about the speech the day before Comey delivered it.

Richman sent a late March 2015 email about his plans to meet with Comey and Baker at the FBI HQ in early April 2015.

Richman emailed Rosenberg in mid-April 2015 about a meeting he had had with Baker and the “Going Dark team” at FBI headquarters, then referenced “my wide-ranging hangout with the Jim in the even bigger office” — a clear reference to a meeting with Comey. Richman wrote that “even as I come on board under the auspices of the GC’s office, JBC [Comey’s initials] seemed to think that there are any number of issues I can help with.” Richman also emailed Rosenberg about “a number of possible projects that came up” when talking with Comey.

Richman wrote to FBI official Sasha O’Connell, the then-head of the FBI’s Office of National Policy, in early July 2015 that he had reached out to his contact at the FBI’s New York field office for “high-side workspace” to operate out of there. He wrote to her in mid-July 2015 that he “just got back from NYFO where I read (and learned a lot from) the material I could access.”

One name-redacted FBI official emailed Richman in early September saying Comey wanted to meet with him. An undisclosed FBI official from the Office of National Policy also emailed Richman early that month about “meeting with the Director” in “the Director’s office” that week, and Richman emailed O’Connell that he might just “go directly to the Dir’s [Director’s] office” for the meeting. Richman also sent an email then saying that he was “sure everyone will cooperate to give me quality time with the Dir[ector].”

Richman wrote in one October 2015 FBI email about the “Going Dark” problem and said that “I’m using my sabbatical to help the FBI Director’s office think through these and other issues.” 

Richman told FBI officials in November 2015 that a reporter at The New York Times whose name was redacted “just asked me to send him the speech the director gave today” and that the reporter “just needs to see what it says.” Comey’s friend was told to tell the reporter to send his request to the FBI’s Office of Public Affairs.

Emails from early November 2015 indicated that Richman and other FBI officials would be accompanying Comey on a trip to Nashville and Kansas City, with accommodations paid for by the bureau. After the trip, Richman emailed the FBI in mid-November 2015 about “my visits to Nashville and Kansas City with the Director.”

FBI emails also indicate Richman was invited to an early December 2015 dinner with Facebook along with others from the bureau.

Emails indicate that, starting in April 2016, Richman helped get the Dean of the Fordham University School of Law in touch with Rybicki, with the dean telling Rybicki that Comey had been selected for a prize by the school. Richman emailed Comey personally in late April 2016 telling him that Fordham Law Dean Matt Diller wanted to give Comey the Stein Prize.

Richman talks to Politico, but FBI says it was "unaware"

Internal FBI emails show that Richman forwarded FBI official Sasha O’Connell a late August 2016 email from Politico writer Riley Roberts, who was doing a “deep dive on FBI Director Comey” which she indicated would be critical of Comey’s handling of the investigation into Clinton’s use of an illicit private email server. Roberts asked Richman if “you might be willing to offer your perspective (or at least some part of it) on the record.”

O’Connell told an unnamed official that “Dan wanted to be sure OPA [the Office of Public Affairs] was aware he did this meeting and felt he had some success.” An official at the FBI’s national press office said “I was not aware” of an upcoming Politico story on Comey’s approach to the Clinton investigation.

The Politico article came out in September 2016 and was harshly critical of Comey, but it quoted Richman repeatedly defending his friend.

The FBI records show Richman received an early February 2016 email from Time magazine reporter Massimo Calabresi, who was working on a “longer profile” on Comey, with Richman telling recipients with names redacted that “I’m happy to speak with him and tell him the right stuff (which I believe)” but that Richman wanted the green light from Comey and his deputies first.

An email from Richman to Rybicki said Comey had asked Richman to come to his office on January 3, 2017. In early January 2017, Comey also told Rybicki to take a look at comments that Richman had written about Comey’s remarks on policing.

Comey’s friend said in one email to an FBI official and an official at “OGA” (meaning Other Government Agency) in early January 2017 that “I’ve gone to [FBI] HQ a number of times in recent months.” Richman said that he needed to do his ethics training and check his “high side” email.

Richman emailed FBI officials on February 7, 2017 saying that “I am resigning my SGE status, and will thus not, as of today, be formally working for the Bureau in the immediate future.” Comey’s friend said that “my SGE status is limiting what I can do in my extracurricular life.” Richman added that “I suspect (and very much hope) that I’ll be able to assist you all in a non-Bu[reau] capacity in most, tho probably not all, of the policy initiatives that I’ve been working with you on.”

Comey’s friend also remarked to Kelley that “your stratospherically high ethical standards are one of many reasons I like working with you all.” Richman added: “As the Great Arnold said, I’ll be back.”

Comey, Richman, and the "discount"

Richman admitted to agents in interviews that he routinely communicated on behalf of Comey, his longtime friend, with Times reporter Michael Schmidt, whose work was among the newspaper's 2018 Pulitzer-winning stories on Russian election interference. The goal, Richman told the FBI, was "to correct stories critical of Comey, the FBI and to shape future press coverage" outside the bureau's official press office, according to internal FBI memos.

"Richman was pretty sure he did not confirm the Classified Information. However, Richman told the interviewing agents he was sure 'with a discount' that he did not tell Schmidt about the Classified Information," one FBI memo recounted.

In the end, the Justice Department decided not to pursue any criminal charges against Comey or any of his lieutenants at the time, despite potential evidence of leaks, saying it could not be certain of who leaked what and when.

The FBI memos said that “Comey instructed the FBI to hire Richman as a Special Government Employee” in 2015 and “to grant him a Top Secret clearance with access to Sensitive Compartmented Information” and that “FBI records indicated Richman was hired to work on ‘Going Dark’ matters.” The bureau said its investigation “revealed Comey also hired Richman, so Comey could discuss sensitive matters, including classified information, with someone outside the FBI’s regular leadership. Comey also used Richman as a liaison to the media.”

Then-DOJ inspector general Michael Horowitz wrote in August 2019 that Comey told investigators “that Richman was a close friend of his who had been ‘on-site at the FBI a lot’ because Richman worked as a Special Government Employee until February 2017.”

The DOJ watchdog wrote that Richman resigned as an SGE in February 2017, but that his security clearance remained active until he was debriefed and “read out” by the FBI in mid-July 2017. 

It is likely that Richman’s actions at the FBI — and his denials that Comey told him to leak to the press — will be key parts of any upcoming trial, and he may himself be subject to process crimes prosecution should it turn out he knowingly misled law enforcement agents.