particular case. when he gave it to his friend he was out of the fbi by then. >> let me break it down. for the department of justice and a fbi agent or a fbi director, here's how we define an employee. those who hold or who have held a position of trust within the agency. james comey's still a fbi employee. >> not from a first amendment standpoint. >> that's a completely different argument. >> but that's exactly the legal argument. you're calling him a leaker which is a term of art which means disclosing information which is classified. >> or sensitive. >> which apparently he did not. we understand his motives. we can agree or disagree with his motives. and then we have the contemporary you memoranda. as i look at the comey memo that talks about let flynn go, it doesn't create for me a compelling case for obstruction