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WATCH: James Comey to Be Indicted Says ... MSNBC? And CNN?

AP Photo/J. Scott Applewhite, File

Let’s jump right into the clips. First up, we have MSNBC:

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Just to focus on that clip for a moment, the charge would be lying to congress and/or perjury. (The difference is whether or not Comey was sworn in before he spoke.) According to them it stems from testimony before Congress in September of 2020. The statute of limitations is for five years and it is about to expire. A little Googling tells us that he testified on September 30, 2020 about the Trump-Russia investigation, so that seems to set the deadline. Annoyingly, they cut off before they discuss what specific lies he might have allegedly told.

After that, we have this clip from CNN:

Of course, some of their analysis is fair, noting that an indictment is far, far from proof of guilt, or talking about the danger of lawfare. But it’s funny, we don’t recall CNN making these points when Trump was indicted four times right in time for maximum interference with the election cycle. Somehow all that caution they are sounding right now was thrown to the wind when Trump was indicted.

Ultimately, if the indictment happens and it is as described, they will have to prove that Comey made a false statement of material fact that he knew to be false at the time he made it. So, for instance, it is a complete defense to say someone lied to him, and he was duped—because it is not lying or perjury unless you knew it was false. And yes, that is true even if the person was stupid to have been duped.

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Some reactions:

That would be a reference to Comey’s seashell adventure, where he claimed to magically find a group of seashells arranged to say ‘86 47’ which many interpreted as a code for murdering (86’ing) Donald Trump (called commonly the 45th and 47th president). We think it would be hard to justify indicting Comey on that because while many suspect that Comey arranged the seashells himself, we are unlikely to be able to prove that. And if we can’t prove he arranged the seashells himself, it would be hard to argue that there is a proof beyond a reasonable doubt that he was doing more than showing people something he saw.

On the other hand, Comey might have ironically made it easier to prosecute someone who uses the phrase after the controversy. The Supreme Court said if a person intentionally makes a threat or unintentionally and recklessly uses threatening language, that can be a crime under the first amendment. (Counterman v. Colorado, 143 S. Ct. 2106 (2023).) So while Comey might plead ignorance that his statement can be taken as a threat, anyone who uses that language after that controversy can be prosecuted because they know it can be interpreted as a threat.

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Certainly, with Comey, it is time to get off their behinds and get going, if they are going to to anything at all.

Indeed, why are they leaking to MSNBC and CNN? The U.S. Attorney’s office needs to plug its leaks. Or at least start leaking to outlets that are friendly. Like seriously, this author. Please?????!!!

Yeah, that, too.

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We’ve seen many people saying that, too. That seems to be the majority response and … well … we are not sure we disagree with them.

In that case it was probably jury nullification, in the unusually hostile environment of Washington, D.C. The Eastern District of Virginia is less hostile.

Finally:

Heh. Conan was much better before he got into late night comedy.

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