When former FBI Director James Comey was indicted back in September, it was just days before the statute of limitations was set to run out on the case.
When the indictment was later tossed due to the unlawful appointment of an acting U.S. attorney, AG Pam Bondi had limited options remaining if she still wanted to prosecute Comey.
One of those options was likely just taken off the table after the latest ruling in the controversy, a fact that renders the likelihood of Comey ever going to trial very slim.
The DOJ announced the indictment of Comey in late September, beating the statute of limitations by only a few days.
At the time, Bondi stated, “No one is above the law. Today’s indictment reflects this Department of Justice’s commitment to holding those who abuse positions of power accountable for misleading the American people. We will follow the facts in this case.”
FBI Director Kash Patel also commented, stating “Today, your FBI took another step in its promise of full accountability. For far too long, previous corrupt leadership and their enablers weaponized federal law enforcement, damaging once proud institutions and severely eroding public trust. Every day, we continue the fight to earn that trust back, and under my leadership, this FBI will confront the problem head-on.”
He continued, “Nowhere was this politicization of law enforcement more blatant than during the Russiagate hoax, a disgraceful chapter in history we continue to investigate and expose. Everyone, especially those in positions of power, will be held to account - no matter their perch. No one is above the law.”
The last few weeks have not been kind to Bondi, but it is not all her doing, although she will get the brunt of the blame. To be clear, she is far from innocent here.
As an example of what I mean, we have to go back to Donald Trump pressuring then-acting U.S. Attorney Erik Seibert to resign his post. Seibert refused to prosecute both Comey and New York Attorney General Letitia James, so Trump made it very clear that he wanted him gone.
Seibert eventually resigned, and Trump appointed Lindsey Halligan in his place. However, two acting U.S. attorneys cannot be appointed to the same position within a 120-day window, which is what happened here.
Bondi should have made that limitation crystal clear to Trump, as should have White House counsel, but they either did not do that, or Trump ignored them. While there are all kinds of conspiracy theories floating around about the dismissal of these cases, in reality, a basic rule was broken, making Halligan’s appointment illegal, so she never had the power to indict Comey and AG James, and the cases were tossed.
Given the applicable statute of limitations, the only real option Bondi has left is to appeal the ruling on Halligan, trying to make the case that her appointment was necessary, considering the underlying circumstances.
She would need a very friendly judge in order to win that argument, but even if she did, her case was just obliterated when a judge ruled that evidence from a Comey ally would not be permitted into the record.
The ruling stated, "Upon consideration of Petitioner Daniel Richman’s Motion for Temporary Restraining Order, the relevant legal authority, and the entire present record, the Court concludes that Petitioner Richman is entitled to a narrow temporary restraining order to preserve the status quo while the Court evaluates his Motion for Return of Property and awaits full briefing and argument from the parties.”
Trump wanted Comey and James prosecuted. An indictment in the refiled James case was just declined by another grand jury, and the Comey case has fallen apart as well. We all know what happens when Trump feels wronged or is disappointed in someone. So, you tell me, how much longer do you think Bondi will be permitted to continue as AG before Trump starts squeezing her for a resignation or publicly embarrasses her to shame her out of office?
