When Attorney General Pam Bondi announced that the Department of Justice had secured a grand jury indictment against former FBI Director James Comey, the entire left had a meltdown.
Comey was accused of lying to Congress and of obstruction of justice, but critics called the case a weaponization of the DOJ.
Now the judge assigned to the Comey matter seems to agree, and it could present a major challenge for Bondi moving forward.
Lindsey Halligan, U.S. Attorney for the Eastern District of Virginia, announced the indictment weeks ago.
She stated, “The charges as alleged in this case represent a breach of the public trust at an extraordinary level. The balance of power is a bedrock principle of our democracy, and it relies upon accountability and a forthright presentation of facts from executive leadership to congressional oversight.”
Halligan continued, “Any intent to avoid, evade, prevent, or obstruct compliance is a violation of professional responsibility and, most importantly, the law.”
This was not like New York Attorney General Letitia James filing a civil complaint against Trump. This is a grand jury indictment where probable cause must be shown, and that is a significant fact everyone in the press seems to be overlooking.
Comey, as expected, played the victim after the charges were announced, and conservatives -- rightly -- expressed worry that a liberal judge would be assigned to the case.
The former FBI director's attorneys filed a motion to have the case dismissed, arguing, “The government has singled out Mr. Comey for prosecution because of his protected speech and because of President Trump’s personal animus toward Mr. Comey.”
The filing continued, “The proper remedy for this unconstitutional prosecution is dismissal with prejudice.”
Funny how nobody considered it political weaponization when Letitia James based her entire AG campaign on a promise to go after Trump. Additionally, why is nobody even considering that Comey may have actually done something illegal here?
Magistrate Judge William Fitzpatrick of the Eastern District of Virginia gave a speech like nothing I have ever heard before in a case involving a grand jury indictment, shredding prosecutors for rushing to indict Comey.
He stated, "Right now, we are in a bit of a feeling of indict first, investigate later.” Then he blasted prosecutors for putting forth so many documents, which he claimed put the defense at a disadvantage, saying, "The government has had this for five and a half years … this is an unfair burden the government is placing on the defense, but I don’t see another path forward.”
The system is what it is, and I have honestly never heard a judge chastise prosecutors for having too much evidence to turn over in discovery.
I believe Fitzpatrick has already shown that the deck is going to be stacked against prosecutors, and I would imagine this case will be very difficult for the DOJ to win. And if Bondi loses this case as well as the James mortgage fraud case, her fate likely lies with the outcome of the case against former DNI John Bolton and a possible future case against former CIA Director John Brennan. I do not envy Bondi right now, that is for sure.
