Geoff Bennett:
Former FBI Director James Comey has been indicted by a federal grand jury, a rare escalation in President Trump’s marketing campaign to prosecute his political rivals.
Amna Nawaz:
Comey, a vocal critic of Mr. Trump, was charged for what the Division of Justice says is fake testimony to Congress 5 years in the past round investigations he led into the 2016 marketing campaign. Comey has lengthy been on the middle of one of many president’s largest grievances, investigations into Russian interference and potential ties to Trump’s marketing campaign.
Our White Home correspondent Liz Landers, begins our protection tonight.
Liz Landers:
Extra fallout tonight following the Justice Division’s near-unprecedented felony indictment towards former FBI Director James Comey. Comey was charged late Thursday on two felony counts, obstruction of a congressional continuing and making a false assertion.
Donald Trump, President of the US: It is a fairly simple case as a result of, look, he lied.
Liz Landers:
Mr. Trump, who’s himself the primary former president convicted of a felony, celebrated the transfer at this time on his method to a golf match, and he insinuated the costs will not cease with Comey.
Donald Trump:
Frankly, I hope there are others, as a result of you’ll be able to’t let this occur to a rustic. It is about justice, actually. It isn’t revenge. It is about justice. It is also about the truth that you’ll be able to’t let this go on.
Liz Landers:
A defiant Comey responded to the indictment in a single day.
James Comey, Former FBI Director:
My household and I’ve recognized for years that there are prices to standing as much as Donald Trump. However we could not think about ourselves dwelling every other manner. We won’t dwell on our knees, and also you should not both. My coronary heart is damaged for the Division of Justice, however I’ve nice confidence within the federal judicial system.
And I am harmless, so let’s have a trial.
Liz Landers:
The fees towards Comey stem from an look earlier than the Senate in 2020, the place the prosecution alleges the ex-director approved a leak of categorised data to the media after which knowingly informed the Senate in a different way.
Sen. Ted Cruz (R-TX):
Chairman Grassley requested you level clean — quote — “Have you ever ever been an nameless supply in information studies about issues referring to the Trump investigation or the Clinton investigation?”
You responded beneath oath — quote — “By no means.”
He then requested you — quote — “Have you ever ever approved another person on the FBI to be an nameless supply in information studies in regards to the Trump investigation or the Clinton administration?”
You responded once more beneath oath: “No.”
James Comey:
I can solely communicate to my testimony. I stand by what — the testimony you summarized that I gave in Might of 2017.
Liz Landers:
All of this comes simply days after President Trump known as for Comey’s prosecution, together with others, writing on to his legal professional common, Pam Bondi, on social media — quote — “We won’t delay any longer. Justice should be served now.”
Including urgency, the Justice Division confronted a five-year statute of limitations for expenses primarily based on Comey’s listening to that may have expired subsequent week. Trump has lengthy thought-about Comey a political enemy. Since firing him months into his first time period, the president has been locked in a bitter feud with the previous director for approving an investigation into Russian election interference and attainable ties to Mr. Trump’s marketing campaign.
Sen. Lindsey Graham (R-SC):
Is there any value to folks making an attempt to destroy President Trump’s presidency?
Liz Landers:
Defenders of the president took to the airwaves yesterday, calling to expenses lengthy overdue.
Mike Davis, President, Article III Undertaking:
I feel that is the start of the accountability and definitely not the top for these lawfare Democrats.
Liz Landers:
However opponents have criticized how the Comey case was introduced. Lindsey Halligan, Trump’s newly-installed U.S. legal professional, took the Comey indictment by herself to a grand jury as a result of no different prosecutors would be a part of her because of the reservations in regards to the energy of the case.
Beforehand one among Trump’s private attorneys, Halligan has by no means prosecuted a case. Her predecessor, Erik Siebert, was pushed out of his job for not bringing mortgage fraud expenses towards one other of Trump’s enemies, New York Lawyer Normal Letitia James.
Democrats known as the Comey expenses a part of a troubling sample.
Rep. Hakeem Jeffries (D-NY):
These expenses are going to be dismissed. James Comey will win in court docket. However what it displays is a broader assault on the rule of regulation that ought to frighten each single American.
Liz Landers:
The indictment comes weeks after Comey’s daughter, Maurene, was fired from her job as a federal prosecutor in New York. And simply minutes after the costs had been filed, Comey’s son-in-law resigned from his put up with the Justice Division.
Comey will likely be arraigned in early October. The choose assigned to the case is a Biden appointee.
For the “PBS Information Hour,” I am Liz Landers.
Amna Nawaz:
For additional perception into the authorized and political developments, we flip now to Barbara McQuade. She’s a College of Michigan regulation professor and former federal prosecutor.
Barb, welcome again to the “Information Hour.”
Let’s simply begin with the costs right here, one rely of constructing a false assertion, one other of obstruction of congressional continuing. What would persuade a grand jury to indict on these? What may they’ve seen?
Barbara McQuade, Former U.S. Lawyer:
Nicely, the usual, in fact, on the grand jury is just possible trigger. Primarily based on the reporting, it appears like what they checked out had been the grand jury transcripts of each Jim Comey after which maybe Andrew McCabe, the deputy director.
And so if there are discrepancies between these two issues, that would set up, generously, possible trigger within the minds of a grand jury. Now, needless to say, at a grand jury, there is not any protection legal professional, there is not any cross-examination. And so it is simply the prosecutor presenting one aspect of the case.
Amna Nawaz:
So possible trigger is the bar for a grand jury. The place’s the bar for the prosecutors? The allegation right here is that Comey lied to Congress about authorizing somebody to leak data to journalists. What do prosecutors need to show right here?
Barbara McQuade:
Nicely, at trial, they must show past an inexpensive doubt that Jim Comey made a press release that was false, that the assertion was materials, that’s, determinative of one thing beneath their investigation, and that he then and there knew that the assertion was false.
At trial, they should show it past an inexpensive doubt to a jury that decides it unanimously. What’s additionally attention-grabbing is, though legally what’s required at a grand jury stage is simply possible trigger, the Justice Division’s coverage handbook says a prosecutor mustn’t provoke a prosecution except they consider the proof is enough to acquire and maintain a conviction at trial. Meaning guilt past an inexpensive doubt.
Amna Nawaz:
And you’ve got heard there Jim Comey has stated that he’s harmless, that he welcomes a trial. What’s his protection more likely to argue right here? And is it attainable that this by no means even makes it to trial?
Barbara McQuade:
I feel so.
I imply, I feel, earlier than the case goes to trial, he’ll doubtless file some motions to dismiss. One grounds for a movement to dismiss can be selective prosecution. That implies that an individual was focused not due to some reliable regulation enforcement goal, however due to some arbitrary or improper goal, on this case, maybe political concerns.
And Donald Trump’s posts on social media will surely be proof to doc that kind of a factor. It is also an argument that the case ought to be dismissed on the grounds of due course of violations as to his proper to a good trial.
When you have got Donald Trump telling the world, the president of the US, that he lied or that he is a nasty individual, all people’s going to listen to that, and it doubtlessly taints the jury pool.
However then, finally, if this case does go to trial, that is the place Jim Comey will assault the proof that the federal government places in, will maybe doubtless, I feel, testify on his personal behalf and deny the costs. After which it is going to be as much as a jury to determine whether or not the federal government has met its burden of proving guilt past an inexpensive doubt.
Amna Nawaz:
Barb, as you heard Liz Landers’ report there, the truth that solely legal professional Lindsey Halligan’s title is on the indictment that not one of the prosecutors in her workplace signed off on this, how uncommon is that? And what does that say to you about this case?
Barbara McQuade:
It is extraordinary.
I served as an assistant U.S. legal professional for 12 years and signed many indictments in that capability. After I served as U.S. legal professional for eight years, I signed precisely zero, as a result of it’s the job of the road prosecutor to signal these indictments. The truth that she was the one who signed the indictment, and the one one, and that she was the one and the one one who introduced this case to the grand jury after 4 days on the job is really extraordinary.
What it says to me is that no one else would contact this case with a 10-foot pole. Why? As a result of they do not consider within the case, and so they consider that they might maybe have moral considerations and grievances towards them, even risking their very own regulation licenses in the event that they had been to take part.
Amna Nawaz:
And let’s simply revisit that timeline, as Liz reported it out too.
This all adopted, as you talked about, President Trump publicly telling his legal professional common to prosecute a few of his critics, together with Comey. The president stated at this time he hopes that there are extra individuals who could possibly be prosecuted forward.
Barb, huge image, what’s to cease President Trump right here from utilizing the Division of Justice as his personal private regulation agency to settle scores and suppress critics?
Barbara McQuade:
Nicely, what’s attention-grabbing is that, since Watergate, there have been norms that prohibit conversations and communications between the White Home and the Division of Justice. There have been insurance policies that say prosecution shouldn’t be used for political functions.
However President Trump has busted via all of these norms and now seems to be directing his Division of Justice to do his bidding. In some ways, he might really feel empowered by the choice of the Supreme Courtroom final summer season that stated he personally can’t be held criminally accountable for acts which might be performed inside the scope of his constitutional duties as president.
I feel these qualify. So, what actually is left is particular person instances of acquittals if there isn’t a proof to show these instances or impeachment by the Congress. And that is one thing that we’ve got seen Congress detest to do lately to question after which convict a member of their very own celebration. However that’s the recourse that we’ve got.
Amna Nawaz:
That is former federal prosecutor Barbara McQuade becoming a member of us tonight.
Barb, thanks in your time. All the time good to talk with you.
Barbara McQuade:
Thanks.
