Comey Catches DOJ Saying One Thing To Bury Jack Smith's Report, Another to Prosecute Him

James Comey, the former Federal Bureau of Investigation (FBI) director whom the Department of Justice (DOJ) accused of making false statements before Congress, pointed out the DOJ's alleged double standard in a March 3 filing. Comey told the three-judge panel that the DOJ's efforts to revive what he called a "fatally flawed" false statement case will not succeed.

The brief filed at the 4th U.S. Circuit Court of Appeals began by calling the "purported indictment" of Comey "fatally flawed," arguing the U.S. Attorney General, Pam Bondi unlawfully appointed Lindsey Halligan as interim U.S. attorney for the Eastern District of Virginia.

Since Halligan "could not validly exercise any governmental power" at the time she secured the indictment against Comey, she acted without authority, Comey told the panel. As a result, the DOJ should not get another chance to jeopardize his freedom, Comey added.

"The government seeks to excuse its unlawful actions on the ground that it perhaps could have appointed Ms Halligan differently. But that argument lacks force where fundamental constitutional protections and individual liberty are at stake. In short, the United States can't charge or prosecute a case through a person who is not entitled to exercise governmental authority," Comey said. "The Court should affirm this."

In November, Senior U.S. District Judge Cameron Currie ordered the dismissal of the criminal cases against Comey after New York Attorney General Letitia James determined that Bondi unlawfully appointed Halligan as interim U.S. attorney and rejected Bondi's "too-late-in-the-day attempt" to ratify Halligan's actions by giving her a special attorney title, according to Law&Crime.

Bondi argued that even if Halligan wasn't lawfully appointed as the U.S. interim attorney, she was at least lawfully empowered by Bondi to supervise the office and conduct prosecutions. Halligan was installed in the role in September with no prosecutorial experience to her name but with the express endorsement of her former client, President Donald Trump.

A federal grand jury in Virginia indicted James Comey on two counts, making a false statement to Congress and obstructing congressional proceedings on September 25. Comey had denied the charges, and the trial was scheduled for January.

The charges stem from comments Comey made before Congress five years ago. The indictment against Comey, however, was brought days after Donald Trump urged his attorney general to take action.

Comey revealed that during his earlier interactions with Trump, he had asked Comey to pledge loyalty and to drop the FBI investigation into former national security adviser Michael Flynn. Trump also asked Comey to publicly say that he was not under investigation related to the involvement of Russia in the presidential elections.

Trump abruptly fired Comey while he was attending an event in Los Angeles Trump later said that he was thinking about the Russia thing when he decided to terminate him.