The indictment of former FBI director James Comey, ordered at the urging of President Donald Trump, is being blasted by legal experts as legally flimsy and vulnerable to dismissal.
The indictment of James Comey, ordered up by President Donald Trump in what POLITICO described as “a breathtaking breach of Justice Department independence,” is being celebrated in MAGA circles but may collapse under legal scrutiny.
The case against the former FBI director and longtime Trump adversary was filed by Lindsey Halligan, a Trump loyalist with no prior prosecutorial experience. Legal experts say the indictment is unusually weak and likely to be thrown out.
Former federal prosecutor Andy McCarthy called the charges “poorly done” and predicted they would be dismissed. “The whole thing is just bizarro,” McCarthy said. “This is the kind of thing that should never ever happen. … This case should never go to trial because it’s obvious from the four corners of the indictment that there’s no case.”
The indictment charges Comey with making false statements and obstructing a congressional proceeding, but it omits direct quotes or clear evidence of a lie. The case is further complicated by Trump’s overt pressure on the Justice Department, the replacement of the U.S. attorney who opposed charges, and questions surrounding testimony from a glitch-plagued 2020 Senate hearing.
Comey appeared unshaken, responding with: “Let’s have a trial.” But experts say his defense team is almost certain to push for dismissal, arguing that the charges amount to selective and vindictive prosecution driven by Trump’s personal animus.