The U.S. Department of Justice's Office of the Inspector General appears to have determined that former FBI director James Comey committed insubordination during his final months in office, according to leaked information on the yet-to-be-released report.

According to a review of the Federal Bureau of Investigation's Disciplinary System, insubordination, under normal circumstances, can lead to anything from suspension to even more serious measures like termination.

"This strikes me as a judgment call Comey made during a pretty contentious time – people rightfully then and now can take shots at what he did (should he have been so out front of these issues and instead stay silent and defer to prosecutors, which is the normal approach, particularly during an election cycle)," said Henry E. Hockeimer, Jr., a Ballard Spahr partner and practice leader of the firm's White Collar Defense/Internal Investigations Group.

"But ultimately I'm not sure what he did can be characterized as 'insubordinate'."

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