Comey Trial Clock!
- Thread starter QP!
- Start date
Yes, that is a weird one. Shouldn't Comey decide whether his defense counsel has a conflict of interest? Whatever else you think about Comey, he is a very experienced lawyer with a good knowledge of who will act in his interest. Why should the prosecution get to remove his lawyer for being too good?
We are allowing the prosecution to basically pick the judge, jury, and now even the defense lawyer. It is getting scary.
Comey just filed the motion to dismiss and it's a doozy. It points out that the indictment doesn't include the alleged lies and then goes further to point out that the government misstated his testimony to the grand jury in order to get the indictment.
So Mr. Comey’s answers to the questions were literally true, and the
government cannot incorrectly rewrite his responses to form a false-statements charge. Ignoring
those details, the government presented an indictment to the grand jury that misstates Mr.
Comey’s testimony. But if a person cannot be charged by “the device of lifting a statement of
the accused out of its immediate context and thus giving it a meaning wholly different than that
which its context clearly shows,” Serafini, 167 F.3d at 820 (citation omitted), he certainly cannot
be charged where the statement lifted out of context must be rewritten to claim that it is false
So Mr. Comey’s answers to the questions were literally true, and the
government cannot incorrectly rewrite his responses to form a false-statements charge. Ignoring
those details, the government presented an indictment to the grand jury that misstates Mr.
Comey’s testimony. But if a person cannot be charged by “the device of lifting a statement of
the accused out of its immediate context and thus giving it a meaning wholly different than that
which its context clearly shows,” Serafini, 167 F.3d at 820 (citation omitted), he certainly cannot
be charged where the statement lifted out of context must be rewritten to claim that it is false
QP!
Verified User
No surprise. I have said from the start that there is no reading of that Comey exchange with McCabe that could be read as COmey lying as Ted Cruz wrongly assessed and said but magats are stupid and most cannot read so they just go with what Ted said.
I also would BET that it was others inside the Trump orbit who gave Lindsey Halligan the information to present to the Grand Jury and she had no ability (and probably no desire) to determine if it was accurate or true with her rushed appointment and race in to the Grand Jury. I bet it is full of lies and misstatements as the way to this Grand Jury to indict and i also bet Lindsey gets sanctioned and disbarred over it.
It will be the same for the Letisha indictment too.
QP!
Verified User
ya that totally makes sense.
There are so many layers of wrong in this indictment that it would fail at multiple levels but i agree that it has little chance of even getting past what you highlight here.
Trump was not going to accept 'No' on these indictments even if a lawyer had to go in and lie to a Grand Jury to get them. If the Dems take the House in the midterms i think they absolutely should investigate who prepared the GJ material she presented.
QP!
Verified User
As i always say, the stupidity of Magats and Trump is the Dem's super power.
If you are a magat who thinks Letisha or Comey is guilty, then when BOTH THESE CASES ARE DISMISSED because the US Attorney was improperly appointed, you must blame Trump and his top magats for being so inept that they simply could not follow the clear rules to properly appoint a US attorney. If these cases are important to Trump and Magats there is simply no reason to make this dumb mistake and ruin your own cases.
The below is clear black letter law and ruling after ruling is now disqualifying these ILLEGALLY APPOINTED Trump, US attorneys.
-----------------------------
...An unusual maneuver by Attorney General Pam Bondi to extend Essayli’s tenure into 2026 violated federal appointment laws, the... George W. Bush appointee ruled... "...“Simply stated: Essayli unlawfully assumed the role of Acting United States Attorney for the Central District of California,” Seabright concluded. “Essayli may not perform the functions and duties of the United States Attorney … He is disqualified from serving in that role.”...
...Seabright is the third judge in recent weeks to disqualify top prosecutors appointed by Bondi to temporarily fill vacant positions in key federal offices, including those overseeing federal prosecutions in New Jersey, Nevada and now the Los Angeles area. And the rulings may inform a fourth effort — by former FBI Director James Comey and New York Attorney General Letitia James — to disqualify Lindsey Halligan, the Trump-backed prosecutor in Virginia who recently secured their indictments....
...Seabright concluded that despite Essayli’s illegal tenure, indictments he brought should not be dismissed because they were also signed by other, legally appointed career prosecutors in his office.
That conclusion could bode poorly for Halligan, who was the only attorney to sign the Comey and James indictments, after career prosecutors in her office resisted bringing the cases....
If you are a magat who thinks Letisha or Comey is guilty, then when BOTH THESE CASES ARE DISMISSED because the US Attorney was improperly appointed, you must blame Trump and his top magats for being so inept that they simply could not follow the clear rules to properly appoint a US attorney. If these cases are important to Trump and Magats there is simply no reason to make this dumb mistake and ruin your own cases.
The below is clear black letter law and ruling after ruling is now disqualifying these ILLEGALLY APPOINTED Trump, US attorneys.
-----------------------------
Judge rules LA’s top federal prosecutor was illegally appointed
The ruling marks the third time in recent weeks that judges have disqualified top federal prosecutors in temporary positions....An unusual maneuver by Attorney General Pam Bondi to extend Essayli’s tenure into 2026 violated federal appointment laws, the... George W. Bush appointee ruled... "...“Simply stated: Essayli unlawfully assumed the role of Acting United States Attorney for the Central District of California,” Seabright concluded. “Essayli may not perform the functions and duties of the United States Attorney … He is disqualified from serving in that role.”...
...Seabright is the third judge in recent weeks to disqualify top prosecutors appointed by Bondi to temporarily fill vacant positions in key federal offices, including those overseeing federal prosecutions in New Jersey, Nevada and now the Los Angeles area. And the rulings may inform a fourth effort — by former FBI Director James Comey and New York Attorney General Letitia James — to disqualify Lindsey Halligan, the Trump-backed prosecutor in Virginia who recently secured their indictments....
...Seabright concluded that despite Essayli’s illegal tenure, indictments he brought should not be dismissed because they were also signed by other, legally appointed career prosecutors in his office.
That conclusion could bode poorly for Halligan, who was the only attorney to sign the Comey and James indictments, after career prosecutors in her office resisted bringing the cases....
QP!
Verified User
As Trump revenge prosecution goes to court, there is no doubt this will be tossed out by the judge before it even reaches trial. The compounding stupidity of Trump and his Admin has doomed it.
Whether it is for Vindictive Prosecution, a defense that fails in 99% of cases but so clear here due to Trumps stupidity that it will likely succeed...
Or
It is because Trumps defense lawyer was not properly appointed and legally in her position and thus any prosecution she signed on to is not valid...
Or
Because there simply is no case here as the incompetent Trump team simply is unable to read the clear words of McCabe and Comey which make clear there was no perjury...
The only real question here is will this prosecution out last this lettuce head wilting?
Place your bets on which goes first, the lettuce or the Prosecution.
and if we consider ACTUAL COURT TIME, and not the delays to get to court or between days when the hearing happened we have a winner and that winner is the ....
Based on actual hours in hearings and courts before these cases got dismissed, the lettuce is the winner!!!