Criminal proceedings against former FBI director James Comey, whom Donald Trump designated at the Justice Department as a priority target, do not appear to be going well, after a new ruling was issued on Monday by a judge who was particularly tough on the prosecution.
Donald Trump has repeatedly stated during his election campaign about his desire to take revenge on everyone he considers personal enemies. James Comey, 64, in late September became the first person to be indicted since the billionaire returned to power.
An American judge noted in his ruling “a series of troubling missteps in the conduct of the investigation” that, he said, would likely motivate a dismissal of the charges if the defense requested it. In question was the presentation by Lindsey Halligan, Donald Trump’s top prosecutor, of elements of the case to the grand jury – a commission of citizens with investigative powers.
“The court identified two prosecutors’ statements to the grand jury that they said were fundamentally flawed formulations of the law that could compromise the integrity of the process,” Judge William Fitzpatrick said.
Donald Trump’s ‘personal grudge’
Therefore, prosecutors specifically advised the jury that James Comey could not take advantage of the 5th Amendment to the U.S. Constitution, which authorizes litigants not to testify at their own trials, he noted. Therefore, the judge satisfied the defense, ordering prosecutors to provide all documents submitted to the grand jury on Monday evening seeking an indictment against Mr. Comey.
Lawyers for the former FBI director filed a series of requests to drop the prosecution, arguing that it was motivated solely by Donald Trump’s “personal grudge” and that the prosecutor’s appointment was “illegal.” New York State Attorney General Letitia James, who was also impeached following public pressure from Donald Trump, also appealed on the same grounds.
At last week’s hearing, another judge was highly skeptical of the legality of the prosecutor’s appointment, and promised to rule on the matter by Thanksgiving, November 27.
After encouraging the Eastern District of Virginia attorney handling the case to resign, Donald Trump quickly replaced him in the strategic position with Lindsey Halligan, White House counsel.
