I want to see all of James Comey's memos...

[StickerMann]

I keep hearing about Comey's "memos", and how he kept notes of important interactions he had throughout this career. Can someone please explain what form these "memos" are contained in--Handwritten, electronic, etc.

 

If not stated via a verifiable method of tracking when they were written, then aren't they pretty bogus? I can write some "memos" this evening stating anything, and claim I wrote them whenever; to either prove my point or if I chose to be deceitful?

[Getslow]

I keep hearing about Comey's "memos", and how he kept notes of important interactions he had throughout this career. Can someone please explain what form these "memos" are contained in--Handwritten, electronic, etc.

 

If not stated via a verifiable method of tracking when they were written, then aren't they pretty bogus? I can write some "memos" this evening stating anything, and claim I wrote them whenever; to either prove my point or if I chose to be deceitful?

 

We don't know details for certain except that they exist. Typical government interpersonal memos done as followups for meetings are typed and then signed by the originator before distribution.

 

Verification comes from both authenticating signatures and speaking with the recipients of those memos.

 

We'll find out what they look like for certain as Mr. Mueller's investigation progresses.

[StickerMann]

We don't know details for certain except that they exist. Typical government interpersonal memos done as followups for meetings are typed and then signed by the originator before distribution.

 

Verification comes from both authenticating signatures and speaking with the recipients of those memos.

 

We'll find out what they look like for certain as Mr. Mueller's investigation progresses.

 

Thanks--I had to assume they were something that had some degree of authenticity, to keep being referred to as "evidence" of some sort.

[Jumper_Dad]

Comey I belive testified that no one asked him to stop the investigation, but someone allegedly saw his memos/notes and told someone who told the NY Times that the President asked him to stop.

 

So either the entire leak about his memos is a load of poop or Comey committed perjury. It will be interesting to see which is true.

 

For the lawyers out there, does the 5th apply to turning over personal notes and memos if they may incriminate him?

[Getslow]

For the lawyers out there, does the 5th apply to turning over personal notes and memos if they may incriminate him?

 

So as not to get into the fairly strange world of the "Act of Production" doctrine, let me say that I don't think it's going to apply here because the memoranda are in the possession of the people he sent them to and the government has a pretty good or even exact idea where they are and who has them them. They won't need to get them from Comey.

 

In short, I don't think they'll need Comey to get the memos that have been talked about so far.

[Getslow]

Sorry, also meant to answer.

 

General rule is that you don't have to turn over records in which the act of turning them over is itself could be considered testimonial. Basic idea: if the government says "Give us any memos you have that might be related to the subject of this investigation." You don't have to. If the government can say however "Give us the two memos written to these two people at about this time" then you're probably going to have to.

 

If the government can reasonably describe exactly what they're looking for, then your act of turning them over isn't considered "testimonial" as you're not confirming the existence of said evidence. You're simply being asked to provide what the government already knows exists.