James Comey Is Damaging American Democracy

Apparent Trump stooge, James Comey, and Hillary Clinton

For year now the Republicans have been damaging American democracy through efforts to disenfranchise those who do not support the Republican Party's reverse Robin Hood policies (sold to GOP supporters through appeals to racism and bigotry) and efforts to provide special religious rights to right wing Christians.  Now, through the vehicle of James Comey, they are trying to throw the presidential election to Donald Trump, a narcissistic misogynist who operates on a platform of lies and demagoguery that would have made Adolph Hitler proud. I have worked with the FBI at times over the years and acted as a legal adviser in the context of certain FBI investigations and never, ever, have I seen such actions to float damaging comments and statements about an investigation as on Friday when Comey violated long standing FBI polices  and seemingly put his own agenda first.  I cannot help but wonder what he was promised and by whom. Words do not adequately describe my disgust with the man.  He needs to immediately resign or be fired.  An op-ed in the Washington Post by two former deputy attorney generals underscore the impropriety of Comey's actions.  Here are highlights:

Decades ago, the department decided that in the 60-day period before an election, the balance should be struck against even returning indictments involving individuals running for office, as well as against the disclosure of any investigative steps. The reasoning was that, however important it might be for Justice to do its job, and however important it might be for the public to know what Justice knows, because such allegations could not be adjudicated, such actions or disclosures risked undermining the political process. A memorandum reflecting this choice has been issued every four years by multiple attorneys general for a very long time, including in 2016.

When they take their vows and assume office, senior officials in the Justice Department and the FBI become part of these traditions, with an obligation to preserve, protect and defend them. They enjoy a credibility established by generations of honorable public servants, and they owe a solemn obligation to maintain that credibility. They are not to arrogate to themselves the choices made by the Justice Department and honored over the years.

As part of that obligation, they must recognize that the department is an institution, not a person. As its temporary custodians, they must neither seek the spotlight for their own advancement nor avoid accountability for the hard decisions they inevitably face. Justice allows neither for self-aggrandizing crusaders on high horses nor for passive bureaucrats wielding rubber stamps from the shadows. It demands both humility and responsibility.

As former deputy attorneys general in the Bill Clinton and George W. Bush administrations, we are troubled by the apparent departure from these standards in the investigation of Hillary Clinton’s email server. First, the FBI director, James B. Comey, put himself enthusiastically forward as the arbiter of not only whether to prosecute a criminal case — which is not the job of the FBI — but also best practices in the handling of email and other matters. Now, he has chosen personally to restrike the balance between transparency and fairness, departing from the department’s traditions. As former deputy attorney general George Terwilliger aptly put it, “There’s a difference between being independent and flying solo.”

Comey now finds himself wanting to update the public and Congress on each new development in the investigation, even before he and others have had a chance to assess its significance. He may well have been criticized after the fact had he not advised Congress of the investigative steps that he was taking. But it was his job — consistent with the best traditions of the Department of Justice — to make the right decision and take that criticism if it came. Department officials owe the public an explanation of how events have unfolded the way they have. There must be some recognition that it is important not to allow an investigation to become hijacked by the red-hot passions of a political contest.

[W]e now have real-time, raw-take transparency taken to its illogical limit, a kind of reality TV of federal criminal investigation. Perhaps worst of all, it is happening on the eve of a presidential election. It is antithetical to the interests of justice, putting a thumb on the scale of this election and damaging our democracy.

Fire Comey now!!

Cuccinelli's Assistant Improperly Aided Energy Companies

The Virginia Inspector General's report is out and as no surprise, at least to me with an energy company background from my role as in-house counsel to an oil and gas company, report finds that Ken Cuccinelli's Assistant Attorney General, Sharon Pidgeon, acted improperly when she provided legal advice and trial strategy to energy companies embroiled in litigation with Virginia landowners seeking to secure gas royalty payments due to them.  Pidgeon's and Cuccinelli's original excuse was that Pidgeon was defending the constitutionality of Virginia's force pooling statute.  However, her role and assistance continued long after that aspect of the litigation ended.  As noted before, I find it inconceivable that Pidgeon acted alone and without the knowledge of Cuccinelli who just happened to have received $111,000 in campaign contribution from the parent company of one of the energy company litigants.   In my opinopn, both Pidgeon and Cuccinelli are lying.  Here are highlights from the Washington Post:

Virginia’s inspector general has found that a deputy in the office of Attorney General Ken Cuccinelli II improperly collaborated with energy companies in a legal dispute over natural gas royalties in southwest Virginia, according to a report released Tuesday.

Inspector General Michael F.A. Morehart said that Sharon Pigeon, a senior assistant attorney general, “inappropriately” used state resources to assist the energy companies on legal strategy in a battle between landowners and coal companies over the extraction of natural gas from coal beds.

The long-running and complicated dispute, in which property owners have accused two out-of-state coal companies of withholding millions in gas royalties owed to them, has become a bitter issue in the Virginia governor’s race between Cuccinelli (R) and Democrat Terry McAuliffe.

McAuliffe’s campaign has pummeled Cuccinelli for his office’s intervention on behalf of the energy companies while highlighting the campaign contributions he has received from the industry. Cuccinelli has maintained that he has done nothing wrong and took steps to correct the situation after his deputy’s actions came to light.

Pigeon told the inspector general that she had intervened to defend a state law that dictates how disputes are to be settled between landowners and energy companies over natural gas extraction from coal beds, Morehart’s letter says.

But after reviewing dozens of e-mails, the inspector general found that Pigeon assisted energy companies directly, in some cases improperly, and continued to do so after a federal court had upheld the law in question, in September 2011. Morehart found that Pigeon’s assistance inappropriately extended to strategy that could benefit the companies in potential state litigation outside the federal court, the letter says.

The legal dispute — which involves perhaps hundreds of landowners and about $28 million in disputed royalties — pits property owners against two of Virginia’s largest producers of natural gas pumped from coal seams, known as coal-bed methane.

The dispute has led to accusations that Cuccinelli, who has stressed his advocacy for the plight of coal workers, has sided with energy companies at the expense of southwest Virginians. And it has given McAuliffe an opening to attract support in a part of the state that has voted heavily Republican in recent years, in part because of the Obama administration’s environmental policies.
“The Virginia Inspector General confirmed today what Virginians have found troubling for months — that Ken Cuccinelli’s office had stepped over the line and improperly used taxpayer funds to advise out-of-state energy companies trying to avoid paying Southwest Virginia landowners mining royalties that are rightfully theirs,” McAuliffe spokesman Josh Schwerin said in a written statement. Schwerin called on Cuccinelli to return campaign contributions from one of the energy companies.

The inspector general opened the investigation after news reports that a U.S. magistrate had expressed shock that Pigeon was assisting the energy companies. State Sen. Phillip P. Puckett (D-Russell) also called for an independent examination. Puckett said at the time that he was troubled because Consol Energy has contributed more than $111,000 to Cuccinelli’s gubernatorial campaign.

Cuccinelli has consistently demonstrated that he believes that he is above the law and that money from donors looking for political and legal favors is the norm with him. 

Consol Energy: Ken Cuccinelli Seeks to Paint His Assistant AG As Rogue Agent

 

Not surprisingly, Ken Cuccinelli is striving desperately to depict Senior Assistant Attorney General Sharon Pigeon - who improperly aided Consol Energy affiliated litigants in a lawsuit against Virginia landowners - as a rouge operative who needs to be thrown under the bus.  Having had numerous dealings  with the Attorney General's office - and a former law partner who was Virginia Attorney General - I find it incredible that Ms. Pigeon would have engaged in such extensive assistance to energy company litigants on her own.  Stated more directly, I can only conclude that Cuccinelli is lying to try to save his sorry ass.  He apparently believes that all Virginia voters are gullible cretins (he obviously needs to spend less time in the GOP/The Family Foundation bubble).  The Roanoke Times looks at the fairy tale that Cuccinelli is trying to spin.  Here are highlights:

Virginia Attorney General Ken Cuccinelli’s office is distancing itself from the staffer who in a series of emails appears to have advised energy company lawyers in their defense of an ongoing lawsuit over natural gas royalties in Southwest Virginia.

Senior Assistant Sharon Pigeon “was not writing the emails at the direction of anyone in Richmond,” Cuccinelli spokesman Brian Gottstein wrote in a recent email to the Bristol Herald Courier.
Pigeon is now barred from further discussing with corporate lawyers their federal battle against regional landowners seeking gas royalties, Gottstein wrote, and her job of scrutinizing the cases’ potential impact on Virginia’s gas drilling laws has been handed to someone else.

The attorney general’s spokesman, when asked Friday to clarify what working outside the Richmond headquarters had to do with the emails, replied that he will no longer answer the newspaper’s questions because of the way it has covered the story.

“I’m not dealing with you anymore,” he wrote.

Pigeon is the legal adviser to the Lebanon-based Virginia Gas and Oil Board, which oversees the state-mandated escrow account now holding at least $30 million in disputed natural gas royalties. She swapped at least 52 emails from 2010 through 2012 with attorneys representing CNX Gas and EQT Production in their fight against regional landowners seeking those royalties.

A Herald Courier review of those emails shows that Pigeon suggested such courtroom tactics as combating a likely information request to discover other landowners who were owed royalties, as well as countering arguments against the amount of royalty proceeds they sought.

Her electronic messages — and questions about the relationship between the state’s highest legal office and corporate energy lawyers — have become a hot topic in the state’s gubernatorial race. Cuccinelli is the Republican candidate running against Democrat Terry McAuliffe.

Adding to the debate is the role that CNX parent company CONSOL Energy has as one of the top financial contributors to Cuccinelli’s campaign. The company has dropped $140,044 into his campaign since he took over the AG’s office in 2010, according to campaign watchdog Virginia Public Access Project.

Cuccinelli defends Pigeon’s dealings with energy company lawyers as “overzealous” . . . . 

[C]onstitutional law expert Carl Tobias, of the University of Richmond School of Law, questions the contents of Pigeon’s emails and how they appear to offer legal help.  “It’s not in good judgment to be helping one side or the other,” Tobias said. “In this case, it’s sounding like she’s helping the defendants.”

Again, I find Cuccinelli's story line to be  unbelievable.  Like most Christofascists, Cuccinelli believes that the Commandment against lying and bearing false witness does not apply to him.