So some idiot at Redstate is making the argument that the Comey Memos were leaked in contravention of the law:

The documents leaked by Comey were official government records. Period. They were created by a government employee (Comey) while acting in his official capacity (FBI director) on a government-issued laptop while sitting in a government car driven by another government employee and probably in the company of a government security detail.

See how he pulled a Spicer there (“Period.”)?  As if saying “period” makes his argument stronger.

Still, he has a point. The Comey memo is an official government record.

You know what else is an official government record? A social security check. A letter from the IRS. Lots of things.

The moron continues:

The documents are not “unclassified.” The documents, by the very fact that they recorded a conversation with the president, would have carried a ‘confidential’ classification.

Ummmmm…. No, it wouldn’t.  Or as we say in the fact-checking business, CITATION NEEDED.

Here’s the deal — private conversations with the President are not automatically classified.  They’re just not.  Classification is based on the content, not on the parties.  If that were the case, then forget the memos.  Even TESTIFYING about any private conversation with the President would be a no-no.

Once you recognize that a private conversation with the President is not classified, you can see that a memo summarizing a private conversation with the President is also not classified.

Another thing about classification — who does this idiot think makes classification calls in the first place? Comey is the head of the FBI. He can classify or declassify anything he damn well wants, including his own work product.

But the moron continues:

There is zero way it would not have been classified ‘for official use only’ as the conversation was inarguably covered by executive privilege. The memos were the property of the US government and are clearly covered under the Federal Records Act.

Well, there is a difference between documents that are classified, documents that are subject to executive privilege, and documents covered by the Federal Records Act. The Comey memos were not classified; they were not subject to executive privilege (and if they were, Trump waived that privilege); and the Federal Records Act only deals with maintaining and preserving those documents (I’m sure the FBI has copies, so, no problem there).

He then goes on to discuss 18 U.S. Code § 641, which says:

Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof… Shall be fined under this title or imprisoned not more than ten years, or both; but if the value of such property in the aggregate, combining amounts from all the counts for which the defendant is convicted in a single case, does not exceed the sum of $1,000, he shall be fined under this title or imprisoned not more than one year, or both.

The word “value” means face, par, or market value, or cost price, either wholesale or retail, whichever is greater.

A rather dumb argument. I suppose Comey did steal the paper that he printed or made photocopies on.  But the he didn’t “convert” or “convey” the actual RECORD itself, which presumably is still on his laptop.

And then he finally links to an FBI website which says that that the FBI has policy and procedures regarding discretionary release of information in accordance with the Privacy Act.  Guess who has discretion?

HUGE Redstate fail. Embarrassing.