Comey Pleads Not Guilty and Launches Scorched Earth Defense

[Jilly_in_VA]

James Comey has pleaded not guilty to charges that he lied to Congress—and his lawyers say he will seek to dismiss the case as a presidential revenge plot run by an unqualified Trump ally.

The former FBI director appeared in court on Wednesday, vowing to fight the charges against him and requesting a trial by jury on January 5, as the midterm election year begins.

His attorney, Patrick Fitzgerald, entered the plea on his behalf and signaled he will file a pre-trial motion seeking to quash the case for selective and vindictive prosecution, based on Donald Trump’s public demand that Comey be charged.

Another motion will be also filed challenging the legality of prosecutor Lindsey Halligan, the former beauty pageant contestant installed to take on the case after her predecessor refused to bring on an indictment.

https://www.thedailybeast.com/comey-pleads-not-guilty-and-launches-scorched-earth-defense/

I'm no great lover of Comey, but he's so much smarter than she is it should be no contest.

[RockRaven]

1. I would like to see him go after any lawyer who puts their name on any of the DOJ filings.

Bar complaints and civil rights lawsuits, now THAT would be scorched earth.

[Bluetus]

37. This defense is not coming from an amateur.

Comey has a lot of experience in the Department and a lot of experience in the court system. And he has suffered years of disparagement, even defamation, from Trump.

My guess is that Comey has been planning this strategy for a long time and has many allies behind the scenes. It could be that they are looking at a multi-stage response that goes beyond Comey personally. Something like:

1) Win the case outright by summary judgment.

1a) If not summary judgment, then put some pain on it by forcing Trump under oath through discovery. And the emphasis of that discovery would be the unethical use of the court system rather than the merits of the case (as there are no merits).

2) Expose the Trump attorney to disbarment.

3) Then a civil suit against Trump for defamation. There are probably plenty of very good lawyers who would be eager to take that case on contingency..

Comey could make a lot of money from a book deal.

[Irish_Dem]

2. Who is funding Comey's defense? This will be very expensive.

[Jilly_in_VA]

3. Why does that matter?

He's probably got more than a few backers with some $$$$

[Irish_Dem]

13. The point is how much pain will Trump inflict?

Will comey lose one penny?

[Ocelot II]

26. He's probably pretty well-off himself - he worked in the private sector when he wasn't in government

and he's published several books. But one goal of this malicious prosecution is to make him spend a lot of money - maybe his own; maybe he's getting help, but that doesn't matter. There are others in Trump's crosshairs who might be less able to afford lawyers like Patrick Fitzgerald, though I'm guessing and hoping there will be some pro bono assistance from other lawyers as needed.

[RockRaven]

6. He made some private sector money in the '00s and '10s.

Obviously I don't know how wealthy he got, but from 2005-2013 he was general counsel for Lockheed Martin, and then also for a hedge fund, and then served on the board of HSBC. (from Wikipedia)

And I believe the people defending him are former colleagues and friends. They aren't going to take him to the cleaners.

[H2O Man]

7. No, it will not be.

His close friend Patrick Fitzgerald is representing him. The case will get tossed at the first pre-trial hearing.

[Prairie Gates]

14. It should be tossed with prejudice

The President of the United States literally went prosecutor shopping trying to find any toady who would engage in vindicative prosecution on his behalf. We've never seen the likes of it before in American history. It's insane.

[fujiyamasan]

22. I agree and like most here I don't care for Comey either

[leftyladyfrommo]

8. I think both his daughter and her husband are really experienced

attorneys. Plus all the people he has ever worked with. They would probably do this for fun just to get at Trump abd Miller.

[brakester]

39. It doesn't seem like

the current occupant has thought this through very thoroughly.

[3Hotdogs]

10. He may be charged for costs, only.

[Katinfl]

12. I believe he is quite capable of funding his defense.

He has the royalties from his books. Plus, apparently he is good friends with Fitzgerald (who is a very prominent attorney).

[hamsterjill]

21. Don't know; don't care - but if I need to make a small donation, I'd be willing.

This is just too important. I'm sure Comey will have it covered and I hope he sues to get all fees recovered based on the frivolity of this.

[bucolic_frolic]

4. We really should turn over all power in society to the beautiful people

Imagine America run by former Miss Americas and state runners up! Think of the intellectual firepower!

[flvegan]

11. She came in 4th. In Colorado. 15 years ago.

She'll likely have resting Mar A Lago face within the next 3 months. Pretty certain that somewhere in the BBB of Trumps, botox and injectables became tax deductible for these women. Work expenses or something, don't you know.

[Ocelot II]

30. She'll be another of the Cougars of Mar A Lago.

Centuries from now archaeologists will find their graves and there will be nothing in them but a few bones and good-as-new silicone lips and boobs.

[flvegan]

31. Real Housewives of Mar A Lago.

Now THAT is a reality show with promise! A true shitshow!

I'd never watch it, but there's a market for that. Sadly.

[littlemissmartypants]

15. And the dance-off competitions!!

[maxsolomon]

5. The DOJ will delay and delay and delay every proceeding.

His approach is good, but the point is to have the charges hanging over him as long as possible.

[Ocelot II]

27. From the comments the judge made I don't think that will happen.

There are plenty of reasons to dump this case very quickly. The determination as to whether Halligan was ever validly appointed will take longer because it was necessarily assigned to a different panel, but the complete lack of evidence and the obviousness of the malicious motive should take care of things tout suite, long before that decision is made. This judge won't let it drag out.

[maxsolomon]

34. I hope you're right.

However, Andrew Weissmann laid out their delay strategies on L O'D last night.

[Ocelot II]

35. Of course they will throw as much sand in the gears as they can,

but if the judge dismisses the case with prejudice they're done, because the statute of limitations will have run out.

[maxsolomon]

36. Fun dayn moyl zu Got's oyem

From your mouth to God's ear

[Gimpyknee]

9. And we're all familiar with delaying tactics.

Justice is normally addressed expeditiously other than when Trump is involved.

[murielm99]

25. Comey can invoke the 6th amendment here.

He has the right to a speedy trial. This applies to federal charges, which this is.

[Mr.WeRP]

16. Patrick Fitzgerald? The Patrick Fitzgerald that was special prosecutor

Overseeing the Valery Plane case committed by Cheney/Bush?

[tritsofme]

17. The same.

[Ocelot II]

29. Also the prosecutor of Osama Bin Laden, Ramzi Yousef, and Rod Blagojevich.

This isn't his first rodeo.

[Dem4life1970]

18. Thanks to the Pedophile in Chief's "Truth" Social posts...

...Comey's attorneys should be able to make a slam dunk case about selective, vindictive prosecution. The Orange Messiah's public posts on his failing social media platform is evidence.

[vanlassie]

19. Maybe a dumb question.

If she’s so incompetent why try to get rid of her. Don’t they want to let her be hoisted by her own petard?

[Stinky The Clown]

41. I think if she is "illegal" the case goes away, the statute of limitations . . .

. . . .kicks in making further efforts to charge Comey go away.

I *think*

I am not a lawyer.

[MLWR]

20. He should sue TACO and the DOJ for vindictive prosecution in civil court and demand damages.

[leftyladyfrommo]

23. Trump is just an idiot to take Comey on. He has resources that few

other people have. He didn't get to be head of the FBI by backing down to pressure.

[czarjak]

24. If T-H-E-Y can indict Comey...

A ham sandwich makes sense?

[Ol Janx Spirit]

28. Bondi, Patel, and the lot have to be getting nervous that they are being forced to open...

...this can of worms by the only person that has explicit immunity as ordained by the SCOTUS. As evidenced by this literally trumped-up case, they will very much be in the crosshairs for future prosecution if they fail to rig future elections enough to insulate them.

That is at least part of why Bondi was so combative and would not answer questions so as not to technically lie to congress. She knows that doing this puts everyone without POTUS after their name in jeopardy.

But of course Democrats are trying to pass a law against politically motivated investigations and prosecutions (the NOPE Act,) so as usual, Democrats will tie one arm and one leg behind their backs and call it a rule that Republicans will gladly discard when they are back in power. This is not to say such a rule should not exist, but how about holding people to account before you cripple your own ability to do so either legally or rhetorically?

[Whiskeytide]

33. They are all expecting pre-emptive ...

… pardons from Тяцмp. And I’m sure they’ll get them. It might get interesting if the couch abuser tosses Тяцмp out of a window before he can issue the pardons.

[Ol Janx Spirit]

38. They may be hoping for preemptive pardons, but they also know firsthand the capriciousness of their boss.

I doubt they take anything for granted. It seems far easier to fall out of favor than to stay in it.

In addition, they know there are both pitfalls of pardons like the loss of Fifth Amendment protections (so those in your orbit become much less protected) and also state charges or even civil action that could be brought for some things. Also, it may be possible to pierce a blanket pardon not specific to any crime. I guess we may find out how much of a gamble it is for them....

[flashman13]

32. This could be entertaining. Comey is represented by a top of the line white shoe attorney.

Trump has the clown car driven by an incompetent with nice hair. What could go wrong?

Me thinks a great deal.

[malaise]

40. Good

Rec

[LetMyPeopleVote]

42. Was Lindsey Halligan Validly Appointed as United States Attorney?

There was a prior acting US Attorney for this district who was fired by trump. Evidently, that means that trump/Bondi can not appoint another acting US Attorney

Link to tweet

https://www.nationalreview.com/bench-memos/was-lindsey-halligan-validly-appointed-as-united-states-attorney/

There is a lot that is outrageous about the process that resulted in yesterday’s indictment of James Comey. I will focus here on what appears to be a fatal legal flaw.

As I understand the facts, it seems highly doubtful that Lindsey Halligan has been validly appointed as United States Attorney in the Eastern District of Virginia. If her appointment is invalid, so is her indictment of Comey.

Section 546 of Title 28 of the United States Code authorizes an Attorney General to appoint an interim United States Attorney for a term of 120 days. Under section 546(d), once the 120-day term expires, “the district court for such district may appoint a United States attorney to serve until the vacancy is filled.”

Acting Attorney General James McHenry evidently appointed Erik Siebert as interim United States Attorney on January 21, 2025. After his 120-day term expired, the judges of the Eastern District of Virginia appointed him to continue to serve.

On May 6, President Trump nominated Siebert to be United States Attorney. His nomination had advanced to the Senate floor when Trump learned that Siebert had “told senior Justice Department officials that investigators found insufficient evidence to bring charges against [New York attorney general Letitia] James and had also raised concerns about a potential case against Mr. Comey.” Siebert then resigned as interim United States Attorney, or Trump fired him. (Trump insists on the latter: “He didn’t quit, I fired him!”)

Can the Attorney General make a second interim appointment under section 546 when the first interim appointment has expired? The most natural reading of section 546 is that the authority to make the interim appointment then lies with the district court. And that’s evidently the position that the Department of Justice itself adopted in a 1986 Office of Legal Counsel opinion written by none other than Samuel Alito. That opinion itself might not be in the public domain, but a 1993 OLC opinion (p. 3 n. 5) states that the Alito opinion “suggest[s] that the Attorney General may not make successive interim appointments pursuant to section 546.”

I can see Comey also challenging this appointment because that may kill this indictment and then the statute of limitation may have run