The prosecution of former FBI Director James Comey hit one other hurdle Wednesday because the Justice Division acknowledged a potential lapse in how the case was introduced to a federal grand jury for indictment.
The concession risked additional imperiling a politically charged prosecution already topic to a number of challenges and calls for for its dismissal. It got here throughout a listening to through which Comey’s legal professionals requested U.S. District Decide Michael Nachmanoff to throw out the case on grounds that the federal government was being vindictive. A separate problem to Lindsey Halligan, the unexpectedly appointed and inexperienced prosecutor who secured the indictment, is pending.
The revelation that the total grand jury didn’t evaluation a replica of the ultimate indictment within the case is the most recent indication of the Justice Division’s seemingly disjointed pursuit of felony prices towards Comey. He was fired by President Donald Trump in Might 2017 whereas overseeing an FBI investigation into potential ties between Russia and Trump’s 2016 marketing campaign. The 2 have been publicly at odds ever since, with Trump deriding Comey as “a weak and untruthful slime ball” and calling for his prosecution.
Issues concerning the authorized course of surfaced earlier within the week when a distinct choose within the case raised questions on what he mentioned had been “profound investigative missteps,” together with misstatements of the legislation and a possible breach of attorney-client privilege.
In a ruling Monday, U.S. Justice of the Peace Decide William Fitzpatrick, additionally dealing with components of the case, mentioned he had reviewed a transcript of the grand jury proceedings and had questions on whether or not the total grand jury had reviewed the ultimate two-count indictment that was returned.
The difficulty arose once more on Wednesday when Nachmanoff, the trial choose, pressed the Justice Division about Fitzpatrick’s considerations. After conferring privately with Halligan, Tyler Lemons, a prosecutor within the case, acknowledged that the revised indictment was not proven to all the grand jurors.
“I was not there, but that is my understanding, your honor,” Lemons advised the choose.
Nachmanoff known as Halligan to the rostrum and requested her who was within the courtroom when the ultimate indictment was introduced to a Justice of the Peace. She mentioned solely two grand jurors, together with the foreperson, had been there.
Comey lawyer Michael Dreeben mentioned the federal government’s failure to current the ultimate indictment to all the grand jury is grounds for dismissing the case. He additionally argued that the statute of limitations for the charged crimes has elapsed with no legitimate indictment.
“That would be tantamount to a bar of further prosecution in this case,” Dreeben mentioned.
Nachmanoff didn’t situation an instantaneous resolution, saying “the issues are too weighty and too complex” for him to rule from the bench.
Dreeben individually argued that the prosecution was improperly vindictive and rooted in Trump’s quest for retribution, circumstances requiring a dismissal.
“The president’s use of the Department of Justice to bring a criminal prosecution against a vocal and prominent critic in order to punish and deter those who would speak out against him violates the Constitution,” Dreeben mentioned,
Motions claiming vindictive prosecution will not be typically profitable.
Trump amplified his calls for for a Comey prosecution with a September social media publish through which he complained to Lawyer Normal Pam Bondi concerning the lack of motion towards his political opponents. “We can’t delay any longer, it’s killing our reputation,” Trump wrote, including that “JUSTICE MUST BE SERVED, NOW!!!”
“If this is not a direction to prosecute,” Dreeben mentioned in court docket, “I’d really be at a loss to say what is.”
The evening of his publish, Trump mentioned he would appoint Halligan, a White Home aide with out prior prosecutorial expertise, as U.S. legal professional for the Jap District of Virginia, on an interim foundation. She changed a veteran prosecutor who was successfully pressured from the job after not charging Comey or one other Trump foe, New York Lawyer Normal Letitia James.
Halligan secured an indictment of Comey days later because the statute of limitations on the case was about to run out.
“She did what she was told to do,” Dreeben mentioned in court docket.
Presidents, he mentioned, produce other instruments at their disposal to punish critics, however bringing the total weight of the Justice Division to bear is impermissible.
“The government cannot use power of criminal prosecutions to attempt to silence a critic in violation of the First Amendment,” he mentioned.
Lemons, the Justice Division prosecutor, mentioned Comey was indicted by a “properly constituted” grand jury as a result of he broke the legislation, not as a result of Trump ordered it.
“The defendant is not being put on trial for anything he said about the president,” Lemons mentioned.
Lemons mentioned no person directed Halligan to prosecute Comey or search his indictment.
“It was her decision and her decision only,” he added.
However Nachmanoff, the choose, famous that Trump appointed Halligan as performing U.S. legal professional on Sept. 22, three days earlier than she introduced the case towards Comey to the grand jury.
“What independent evaluation could she have done in that time period?” he requested Lemons.
