DOJ will not prosecute Comey for leaking memos after IG referral as Lindsey Graham says failing to do so would be 'stunning'

The U.S. Department of Justice (DOJ) has decided that former FBI Director James Comey will not be prosecuted for allegedly leaking classified information, Fox News has reported. This comes after South Carolina Sen. Lindsey Graham’s assertion that it would be “stunning” if Attorney General William Barr did not proceed with a prosecution of Comey.

DOJ Inspector General Michael Horowitz had referred Comey for a potential prosecution, but an official described by Fox News as “familiar with the deliberations” told the right-wing cable news outlet that “everyone at the DOJ involved in the decision said it wasn’t a close call.” That source, according to Fox News, said “they all thought this could not be prosecuted.”

During an interview with Fox News’ Sean Hannity, Graham said, “If Bill Barr decided not to prosecute on disclosing the memos, I accept his judgment. I’ve known him for 20 years.” Graham also asserted that if Barr “does bring a charge against Comey,” he would “hate to be Comey.”

Graham, referring to Barr, told Hannity, “I want him to do what he thinks is right by the law and not prosecute anybody if you don’t think the case is there.”

On Wednesday, The Hill’s John Solomon reported that Horowitz was preparing a “damning report” on Comey. But the DOJ, according to the conservative PJ Media, decided not to bring charges against the former FBI director because it didn’t believe there was sufficient evidence to show that Comey intentionally violated the law.

At issue was a memo Comey allegedly leaked that was classified as “confidential.” The memo dealt with a conversation Comey had with Trump after being fired in May 2017 during the Russia investigation. But according to Solomon’s sources, that memo wasn’t classified as “confidential” until after Comey allegedly leaked it.