Comey Case In Jeopardy After Judge Questions DOJ Handling Of Indictmen
The federal case against former FBI Director James Comey appeared to be in jeopardy Wednesday after a federal judge sharply questioned the validity of the grand jury indictment, which accuses Comey of lying to Congress over media leaks and obstructing its investigation into the Russia probe.
Trump’s hand-picked US Attorney, Lindsey Halligan, shocked the court Wednesday when she admitted that she neglected to present the final version of the indictment to a full grand jury. As it turns out, only two grand jurors reviewed it.
What happens to the criminal case next is not immediately clear. Despite appearing shocked by the revelation as the prosecutors confirmed the error, U.S. District Judge Michael Nachmanoff has not said whether he viewed the oversight as a procedural or fatal error.
HOW WE GOT HERE
Eight months into Trump’s second term, Comey became the first of the president’s political enemies to be indicted.
The charges stem from Comey’s Sept. 30, 2020 Senate testimony, when he told Sen. Ted Cruz (R-TX) he stood by earlier claims that he never authorized FBI leaks about investigations into Trump or former Secretary of State Hillary Clinton.
A 2018 DOJ inspector general report said Comey’s deputy, Andrew McCabe, claimed his boss (Comey) authorized him to leak to the media. But the same report found McCabe also gave false or misleading statements.
Prior to the latest revelation, Comey’s legal team was already arguing the case should be dismissed for prosecutorial misconduct and as a vindictive prosecution, noting that President Trump called on the DOJ to act “NOW!!!” regarding prosecuting Comey and other political foes. Check out Trump’s social media post (above) from just a few days before Comey was indicted.
Comey, a former U.S. attorney in Manhattan, is represented by Patrick Fitzgerald, an experienced former U.S. attorney in Chicago.
On the other side sits Halligan, installed by the White House after the previous U.S. attorney declined to pursue charges. She has no prosecutorial experience and previously worked as an insurance attorney in Florida and as Trump’s personal lawyer.
AND MORE
Nachmanoff also asked DOJ attorney Tyler Lemons about a memo which recommended AGAINST bringing charges, asking, “Was there a declination memo?” Prosecutors refused to say whether career attorneys in the office had opposed bringing the case.
Bottom line: If the judge tosses the case for misconduct, it cannot be refiled due to the statute of limitations passing.