Trump admin seek indictment of James Comey (Update Comey indicted, indictment dismissed, now new indictment) (2 Viewers)

[superchuck500]

This, of course, comes after the previous US Attorney in EDVA Eric Seibert resigned because he didn't think he could sign off on charges against Comey or Letitia James. The new interim US Attorney - who has no relevant background whatsoever and made her name with Trump by doing a review of Smithsonian exhibits that were contrary to MAGA viewpoints - clearly will file charges.

Trump aide takes over as US attorney in Virginia to replace prosecutor fired for not charging political opponent | CNN Politics

Lindsey Halligan, a White House aide and a fierce ally of President Donald Trump, has taken over as the top federal prosecutor in Virginia’s eastern district, according to a person familiar with the change.

www.cnn.com

 

[fooferdoggie]

She’s counsel of record in three cases! lol

The wildly unqualified lawyer Trump just named to prosecute his enemies

Lindsey Halligan, the new US attorney for the Eastern District of Virginia, has no experience as a prosecutor.

www.motherjones.com

Does it get any better? Suckups don't make good lawyers.

 

[superchuck500]

 

[efil4]

Yeah, so she will have to get a grand jury indictment by the end of the day next Tuesday. More from Lawfare:

The Situation: Choose Your Own Adventure: Lindsey Halligan Edition

Any way you play, you lose.

www.lawfaremedia.org

They got it in 2 days.

Sigh.

 

[efil4]

Comey responds

 

[fooferdoggie]

Man, she is going to look bad as his far better arruries chew her up and spit her out in court. But he can drop dirt on trump too that would be great.

 

[Sendai]

I’d like to see the judge toss this indictment on a simple motion to dismiss.

 

[superchuck500]

The grand jury did not fully concur on the false statement count. Twelve or
more did not concur

 

[superchuck500]

Comey’s attorney is Patrick Fitzgerald - he’s very good. Versus roofing lawyer and her band of rejects.

Patrick Fitzgerald - Wikipedia

en.wikipedia.org

 

[LA 2 L.A.]

Man, she is going to look bad as his far better arruries chew her up and spit her out in court. But he can drop dirt on trump too that would be great.

One word, DISCOVERY.

 

[LA 2 L.A.]

I’d like to see the judge toss this indictment on a simple motion to dismiss.

I'd actually like to see Comey and his legal team take advantage of discovery and use the trial to air all the dirty truth about Trump that is relevant to what Comey is charged with.

Of course, they will do the legally sound thing and move for dismissal before it gets to trial and there's a very good chance they are granted a dismissal.

 

[superchuck500]

Raising competence and credibility questions with the court the first time you walk in there is so on-brand for Team Trump

 

[superchuck500]

I'd actually like to see Comey and his legal team take advantage of discovery and use the trial to air all the dirty truth about Trump that is relevant to what Comey is charged with.

Of course, they will do the legally sound thing and move for dismissal before it gets to trial and there's a very good chance they are granted a dismissal.

Criminal discovery in federal court is pretty limited - the scope of the two charges are (1) that he made a false statement about his participation or authorization of a 'leak' of FBI information, and (2) that his conduct in making false statements obstructed the hearing. I don't think this opens the door to litigating the underlying substance of the leak or the investigations it may have referred to (i.e. Russia or the Trump Clinton Foundation investigation that McCabe disclosed to the WSJ).

But it would certainly appear that Comey has a basis for discovery into the selective prosecution argument (which would be a component of a motion to dismiss). There are privilege defenses to that discovery that I'm not sure how they would play out, but actually most of the record needed for a selective prosecution argument are public (because Trump and his team are forking stupid and incompetent).

There's a well developed public record already of past investigations finding that Comey didn't break law or FBI policy, that Trump's USA in EDVA resigned after being instructed to file charges, that Trump's publicly whined and ordered Bondi to move on the case, that Trump replaced the USA with a wildly underqualified loyalist, and then publicly celebrated the indictment when she got it.

 

[Sendai]

Criminal discovery in federal court is pretty limited - the scope of the two charges are (1) that he made a false statement about his participation or authorization of a 'leak' of FBI information, and (2) that his conduct in making false statements obstructed the hearing. I don't think this opens the door to litigating the underlying substance of the leak or the investigations it may have referred to (i.e. Russia or the Trump Clinton Foundation investigation that McCabe disclosed to the WSJ).

But it would certainly appear that Comey has a basis for discovery into the selective prosecution argument (which would be a component of a motion to dismiss). There are privilege defenses to that discovery that I'm not sure how they would play out, but actually most of the record needed for a selective prosecution argument are public (because Trump and his team are forking stupid and incompetent).

There's a well developed public record already of past investigations finding that Comey didn't break law or FBI policy, that Trump's USA in EDVA resigned after being instructed to file charges, that Trump's publicly whined and ordered Bondi to move on the case, that Trump replaced the USA with a wildly underqualified loyalist, and then publicly celebrated the indictment when she got it.

Yeah this should get tossed on selective and vindictive prosecution. The Judiciary has to beat down a weaponized DOJ.

 

[superchuck500]

Yeah this should get tossed on selective and vindictive prosecution. The Judiciary has to beat down a weaponized DOJ.

Certainly seems like a pretty easy motion and a receptive judge.

 

[Lapaz]

Certainly seems like a pretty easy motion and a receptive judge.

If the indictment gets dismissed due to vindictive prosecution, how would that impact Letitia James, Adam Schiff, George Soros, John Bolton and Lisa Cook who Trump has publicly demanded be prosecuted?

 

[superchuck500]

If the indictment gets dismissed due to vindictive prosecution, how would that impact Letitia James, Adam Schiff, George Soros, John Bolton and Lisa Cook who Trump has publicly demanded be prosecuted?

Impossible to say without there being an indictment. That kind of thing is case by case for sure. Certainly there's a history of public comment that any one of them could use in their argument, but beyond that it's hard to predict.

 

[superchuck500]

This photo - Comey is a giant!

 

[MT15]

I don’t care for Comey at all. Actively dislike him. But this is just wrong what they are doing.