Former U.S. Attorney Harry Litman said the Department of Justice dealt the “death blow” to its own case against former FBI Director James Comey on Wednesday.
Comey was indicted in September in the Eastern District of Virginia on charges of making a false statement to Congress and obstruction. The case has been suspected from the beginning, when President Donald Trump called on Attorney General Pam Bondi to prosecute some of his political nemeses, including Comey. On Monday, a federal magistrate judge said Lindsey Halligan, the U.S. Attorney for the Eastern District of Virginia, who was previously Trump’s personal attorney, committed “profound investigative missteps” when seeking Comey’s indictment by the grand jury. The grand jury ultimately charged Comey with making a false statement to Congress and obstruction.
Then on Wednesday, Halligan made a stunning admission in court. She said she never showed the final indictment to the full grand jury, even though the foreperson signed it. Comey’s attorney seized on the admission and argued the indictment is not valid.
Hours later, Litman appeared on CNN’s The Source, where Kaitlan Collins asked, “How big of a deal is this?”
Litman responded by saying the actions of Halligan, who had never prosecuted a case before Trump appointed her interim U.S. Attorney, are unheard of:
As a matter of prosecutorial practice, a huge deal. It was a sort of silent gasp in the courtroom. No one had ever heard of this. The magistrate two days ago had said this would be uncharted territory. When you look at what the DOJ has filed tonight, there’s a chance based on the law that they can wriggle out of it.
Litman went on to cite Halligan’s other missteps in the grand jury room, such as stating that Comey would have to testify in his own trial, and claiming that the DOJ had other evidence against Comey that would be presented at trial.
“[Y]ou have a grand jury being misinformed about the Fifth Amendment rights of Jim Comey,” Litman continued. “And also she said, ‘Oh, even if there’s not enough here, we’ve got other stuff.’ But the grand jury, of course, must indict based only on what they hear from her and why that really matters.”
He noted that Comey was indicted by a “razor-thin margin.”
“And that, I think, really has a strong chance as well as the selective prosecution motion itself, of being what you know is the actual death blow,” Litman concluded.
Watch above via CNN.
The post ‘No One Had Ever Heard of This’: Former U.S. Attorney Can’t Believe DOJ Prosecutor Didn’t Present Comey Indictment to Full Grand Jury first appeared on Mediaite.
