As a threshold matter, Comey asked a question with regard to Trump that he should now answer with regard to his own conduct. Comey asked why Trump would ask everyone to leave the Oval Office to speak with Comey unless he was doing something improper. Yet, Trump could ask why Comey would use a third party to leak these memos if they were his property and there was nothing improper in their public release.

In fact, there was a great deal wrong with their release, and Comey likely knew it. These were documents prepared on an FBI computer addressing a highly sensitive investigation on facts that he considered material to that investigation. Indeed, he conveyed that information confidentially to his top aides and later said that he wanted the information to be given to the special counsel because it was important to the investigation.

Many in the media have tried to spin this as not a “leak” because leaks by definition only involve classified information. That is entirely untrue as shown by history. Leaks involve the release of unauthorized information — not only classified information. Many of the most important leaks historically have involved pictures and facts not classified but embarrassing to a government. More importantly, federal regulations refer to unauthorized disclosures not just classified information.