Federal prosecutors investigating former FBI Director James Comey for allegedly making false statements to Congress decided {that a} central witness of their probe would show “problematic” and sure stop them from establishing their case to a jury, sources accustomed to their findings instructed ABC Information.
Daniel Richman — a legislation professor who prosecutors allege Comey licensed to leak info to the press — told investigators that the previous FBI director instructed him to not have interaction with the media on not less than two events and unequivocally mentioned Comey by no means licensed him to offer info to a reporter anonymously forward of the 2016 election, the sources mentioned.
Comey, who was indicted last month on fees of constructing a false assertion and obstruction associated to 2020 testimony earlier than the Senate Judiciary Committee, is because of seem in a Virginia courtroom for the primary time for his arraignment Wednesday — however Justice Division officers have privately expressed that the case may shortly unravel underneath the scrutiny of a federal decide and protection attorneys.
In line with prosecutors who investigated the circumstances surrounding Comey’s 2020 testimony for 2 months, utilizing Richman’s testimony to show that Comey knowingly supplied false statements to Congress would lead to “possible insurmountable issues” for the prosecution.
Investigators detailed these conclusions in a lengthy memo last month recommending that the workplace not transfer ahead in charging Comey, in keeping with sources accustomed to the memo’s contents.
Lindsey Halligan, a Trump loyalist hand-picked to exchange the U.S. lawyer for the Jap District of Virginia who resisted bringing prosecutions towards Trump’s political foes, nonetheless moved ahead in presenting the case earlier than a grand jury in Alexandria, Virginia, and secured two out of three counts she sought towards Comey over his 2020 congressional testimony.
Throughout grand jury proceedings, prosecutors don’t have any obligation to current proof favorable to a defendant — however such proof should be handed over to the defendant earlier than trial.
FBI Director James Comey speaks throughout a information convention, March 24, 2016 in Washington.
Alex Wong/Getty Photos
Halligan’s deputy raised comparable considerations in regards to the case the identical week the previous White Home aide-turned-prosecutor requested a grand jury to indict Comey, bolstering the conclusion that no single piece of proof may display that Comey lied to Congress and warning towards counting on Richman, who she described to colleagues as a hostile witness, sources mentioned.
Prosecutors additional expressed considerations in regards to the division’s potential to take the case to trial shortly attributable to issues figuring out all of the related supplies that might should be handed over to Comey’s attorneys, sources mentioned. In addition they raised alarms over the potential for Comey’s protection to quote the statute of limitations for the case, which derives from testimony in 2017 and was solely bolstered by Comey throughout his 2020 testimony in response to a query from Republican Sen. Ted Cruz.
Comey, who is predicted to plead not responsible to the costs, denies wrongdoing and has argued that he’s being focused for political causes. His indictment got here simply days after Trump’s unprecedented demand that his Justice Division act “now” to carry circumstances towards the previous FBI director and others.
“Nothing is being executed. What about Comey, Adam ‘Shifty’ Schiff, and Leticia???” Trump wrote in a social media put up final month, immediately addressing Lawyer Basic Pam Bondi and referring to California Sen. Adam Schiff and New York Lawyer Basic Letitia James. “We will not delay any longer, it is killing our fame and credibility. They impeached me twice, and indicted me (5 instances!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!!”
Halligan alleges that Comey deliberately misled Congress in 2017 and 2020 when he testified that he by no means licensed one other particular person on the FBI to offer info to the media anonymously. The allegation is that Comey licensed Richman to talk to the press anonymously, contradicting his testimony.
Trump later accused Comey of breaking the legislation by sharing his memos, arguing they contained labeled info, although Richman later instructed ABC Information in a press release that not one of the paperwork had any classification markings.
When prosecutors met with Richman in September, he instructed them that he by no means served as an nameless supply for Comey or acted at Comey’s course whereas he was FBI director, sources accustomed to his interview instructed ABC Information. In not less than two circumstances when Richman requested if he ought to converse with the press, Comey suggested him not to take action, sources mentioned.
Investigators who reviewed materials from Comey’s emails, together with his correspondence with Richman, couldn’t establish an occasion when Comey accepted leaking materials to a reporter anonymously, sources instructed ABC Information.
Richman, a longtime good friend of Comey, has beforehand acknowledged his function as an middleman between Comey and reporters after Comey was fired from his function as FBI director, together with leaking memos written by Comey about his interactions with Trump following his termination.
Federal prosecutors have centered their inquiry on Comey’s actions as FBI director — together with the alleged leak of details about the Trump and Clinton campaigns forward of the 2016 election — to seek out proof that Comey deliberately mislead Congress.
As ABC Information beforehand reported, profession prosecutors within the workplace not solely decided that the huge quantity of proof they collected of their investigation can be inadequate to persuade a jury to convict him at a trial, however would additionally fail to satisfy a decrease normal of reaching possible trigger to even carry a case.
