They were classified as soon as he wrote them. I had an experience when I started as AG on taking notes at a meeting on a top secret procedure, and when I got up to leave the meeting, my then chief of staff leaned over and wrote in big block letters at the top, TS/SCI, meaning Top Secret/Secure Compartmentalized Information. In other words, those weren't my notes those were the government's notes and the information in them, if it was classified, was classified as soon as he put it down on paper.
Judge Mukasey goes on to criticize Comey in one specific matter in his straight-to-the-point style:
His handling in particular, everybody has their own favorite issue, mine is with his handling of the Clinton email investigation was an outrageous performance. President Obama was sending messages and receiving messages on Hillary Clinton's private email server. Jim Comey knew that and when President Obama went on television and said there is no issue here, she doesn't really intend to cause harm. What he was saying in essence is you better let her off; if you wind up accusing her, you accuse me and Comey followed that lead. The notion this somehow was something he had to do for the welfare of the country is a lot of disingenuous claptrap.
Judge Mukasey’s perspective on the FBI and DOJ is especially enlightening as he ran DOJ as Attorney General without any ethical issues or dissension. His concerns should alarm all Americans regardless of their political affiliations. We look forward to hearing from him Friday at the RNLA National Policy Conference.