Charges Against James Comey: Legal Experts Weigh In
Former FBI Director James Comey faces charges, but the scant details provided don’t necessarily imply that evidence is lacking.
While prosecutors are likely to encounter valid hurdles in securing convictions, several legal experts have cautioned that it’s premature to evaluate how strong the government’s position really is. Comey is charged with two counts related to alleged disruptions of a Congressional lawsuit from September 2020 over the Trump-Russia investigation, including claims that he made false statements to Congress.
“At this point, the government isn’t required to reveal evidence showing Comey acted with intent to deceive,” Jason Foster, founder of the government accountability group, noted. “He did, however, deny these allegations under oath. That doesn’t necessarily mean the government can’t substantiate its claims.” Foster also pointed out that it’s challenging to gauge the prosecutor’s case strength without knowing about any new evidence that the FBI might have gathered in the last eight months.
Concerns regarding false statements may stem from a question posed by Senator Ted Cruz back in 2020. Comey maintained that he hadn’t authorized any leaks concerning the investigations involving Trump or Clinton.
In 2017, Comey acknowledged asking Daniel C. Richman, a law professor at Columbia University, to leak information regarding a meeting with the New York Times.
“Just because the indictment may not resolve all questions does not imply that it is without merit,” remarked Bill Shipley, a defense attorney and former federal prosecutor. He expressed that the charges appear to act as “placeholders,” providing a basis for further legal actions to unfold.
John Yu, a former official with the DOJ under George W. Bush, mentioned that it’s “difficult to know” if the brief indictment will grow in scope. “The charges are quite succinct. The DOJ could very well provide more substantial details later,” he added.
Comey’s attorney, Patrick Fitzgerald, has not yet commented on the unfolding situation.
Key Players in the Investigation
According to Senate Attorney General Chairman Chuck Grassley, Comey’s alleged false statements coincided with an active investigation by his colleagues. However, the indictment lacks specificity regarding which statements Comey is purported to have lied about, as well as the individuals involved.
Reports suggest that “Person 1” mentioned in the charges might be Hillary Clinton, while “Person 3” refers to Richman, who reportedly communicated frequently with media on Comey’s behalf. Richman has been summoned as part of the investigation.
The indictment ties back to a 2017 probe known as “Arctic Haze,” which looked into classified information published in several articles. In August, documents revealed that Comey had directed Richman to assist him as a special government employee, enabling communications about sensitive issues outside standard FBI protocols.
The internal FBI records highlighted that discussions on classified intelligence occurred between Comey and Richman as far back as January 2017. Richman later communicated with a New York Times reporter shortly after his meeting with Comey, although he claimed ignorance about the classified nature of the information shared.
It was particularly contentious when it became known that a New York Times reporter received notes from Comey through Richman. Questions have arisen regarding how Comey could have transparently shared confidential information while also adhering to oversight roles assigned to Congress.
In a 2019 report, the Inspector General found that Comey leaked a memo about his interaction with President Trump, which raised alarms concerning the handling of classified information among FBI employees.
Challenges Ahead
“While it might be the case that Comey misled Congress, proving it could be complicated,” Yu mentioned. He emphasized that outcomes would likely depend on the judge’s interpretation of the proceedings.
Just before the charges were filed, Eric Sheebert resigned from his position as head of the U.S. Attorney’s Office for the Eastern District of Virginia, reportedly following Trump’s request for his removal. The new attorney’s preceding recommendations were leaked to news outlets.
Yu pointed out that Trump has the constitutional authority to influence the DOJ’s investigative priorities, noting that he can dictate who should be indicted or investigated. If prosecutors fail to uphold a case, it could reflect back on Trump’s decisions.
Law professor Jonathan Turley indicated that while the case against Comey is set to take place in Alexandria, Virginia, rather than Washington, D.C., the odds seem to favor Comey’s position. He also noted that proving perjury or false statements often becomes challenging, especially when language involved is ambiguous.
Comey’s first court appearance is scheduled for October 9th.
