Comey case dismissed: Judge tosses charges as Trump-linked prosecutor’s appointment ruled ‘unlawful’

Key Concepts

• Unlawful Appointment of Prosecutor: The central legal issue leading to the dismissal of indictments.
• Lindseay Halligan: The interim US attorney whose appointment was deemed invalid.
• Judge Cameron McGawan Curry: The federal judge who made the ruling.
• James Comey: Former FBI Director, a defendant in one of the dismissed cases.
• Leticia James: New York Attorney General, a defendant in the other dismissed case.
• FISA Application: Foreign Intelligence Surveillance Act application, a key point of contention regarding the Carter Page surveillance.
• Steel Dossier: A controversial document used in investigations related to the Trump campaign.
• Horowitz Inspector General Report: A report detailing errors and omissions in the Carter Page FISA application.
• Carter Page: An individual whose surveillance was a focus of the FISA application.
• Andrew McCabe: Former FBI Deputy Director, whose statements contradicted James Comey's testimony.
• Politicization of Law Enforcement: The argument that law enforcement agencies were used as political weapons.

Dismissal of Criminal Cases Against Comey and James

A significant legal development occurred in Washington as federal court dismissed criminal cases against former FBI Director James Comey and New York Attorney General Leticia James. The ruling, delivered by Judge Cameron McGawan Curry, found that the prosecutor who initiated these cases, Lindseay Halligan, was unlawfully appointed and therefore lacked the authority to pursue charges.

Invalid Appointment of Interim US Attorney

Judge Curry ruled that the appointment of Lindseay Halligan as interim US attorney in Alexandria, Virginia, was invalid. The judge determined that only a district court possesses the authority to make such an appointment, which consequently invalidated all actions taken by Halligan.

Impact on Indictments

The judge stated that Comey's indictment constituted an "unlawful exercise of executive power" and must be immediately set aside. A nearly identical ruling subsequently voided the charges against Leticia James.

Reactions to the Ruling

Leticia James expressed her heartened response to the decision, vowing to continue her work and labeling the charges as baseless and politically motivated. The indictments were perceived to be a consequence of President Donald Trump's social media posts calling for action against Comey and James.

Allegations Against James Comey

James Comey had been accused of lying to Congress and obstructing proceedings during his 2020 testimony on Capitol Hill.

Testimony on FBI Investigations

During his testimony, Comey was questioned by Senator Cruz regarding the FBI's handling of the Russia investigation, the surveillance of the Trump campaign, the Carter Page FISA application, and the Michael Flynn investigation. Comey asserted that, to his knowledge, there was no surveillance of the Trump campaign and that the overall investigation into Russian interference was conducted in an "honest, competent, independent way."

Discrepancies Regarding the Horowitz Report

Senator Cruz challenged Comey's assessment by referencing the Horowitz Inspector General report, which identified 17 significant errors or omissions in the Carter Page FISA application. Comey acknowledged reading the report and stated he did not believe it concluded there were lies to the court, but admitted to "significant and important failings" in the preparation and renewal of the Carter Page FISA.

Allegations of Altered Evidence

The transcript details an exchange where Senator Cruz presented evidence from the Horowitz report concerning an altered email by an FBI attorney, Mr. Klein Smith. This attorney allegedly changed an email to the CIA, which confirmed Carter Page was a source, to state "not a source," thereby reversing the CIA's response. This altered document was then used as a basis for a submission to the FISA court. Cruz questioned if this constituted honest and competent practice. Comey disputed the accuracy of Cruz's summary but did not deny the alteration, stating it was not the practice in the FBI to fraudulently alter evidence presented to federal courts.

The Steel Dossier

The discussion then shifted to the Steel Dossier, which was described as "totally discredited as garbage." Comey was asked when he learned it was funded by the Democratic National Committee and the Hillary Clinton campaign. He stated he first learned of the dossier in late September 2016 and understood it was funded by "political opposition to President Trump or candidate Trump," though he did not know the specific source.

Disclosure to the FISA Court

A critical point of contention was whether the FISA court was adequately informed about the political funding and potential bias of the Steel Dossier. Senator Cruz argued that the court was not told about the DNC funding, which he characterized as repeated omissions by the FBI. Comey maintained that his recollection was that the court was alerted to the "possibility that it was a politically biased reporting." Cruz countered that "political bias" is distinct from being funded by the Hillary Clinton campaign and that Comey was specifically aware of this funding in September but failed to inform the court.

Subsource Information

Comey was also questioned about when he learned that the primary subsource for the Steel Dossier was a suspected Russian asset. He stated he did not recall ever being informed of any prior investigation into Steel's sources, including the primary subsource. He was aware of this information today through public sources and a DOJ memo. The transcript highlighted that the primary subsource had been the subject of an FBI counterintelligence investigation from 2009 to 2011, involving an attempt to recruit spies against the US government. Cruz questioned Comey's lack of awareness and due diligence regarding this information, suggesting the FISA court would have had a different assessment if informed.

Allegations Against Leticia James

Leticia James was charged with alleged bank fraud following her leadership of investigations into Trump's business empire.

Testimony Regarding Leaks and Authorization

The transcript includes an exchange concerning former FBI Deputy Director Andrew McCabe. In May 2017, Comey testified under oath that he had never been an anonymous source in news reports about matters relating to the Trump or Clinton investigations, nor had he authorized anyone else at the FBI to do so. McCabe, however, had publicly stated that he leaked information to the Wall Street Journal and that Comey was directly aware of and had authorized it. The transcript highlights the contradiction between Comey's testimony and McCabe's statements, with the implication that one of them was not telling the truth. Comey reiterated that he stood by his testimony.

Conclusion on the Investigation

The speaker concluded by stating that the investigation of the president was "corrupt" and that the FBI and Department of Justice were "politicized and weaponized." The speaker offered two possibilities: that Comey was "deliberately corrupt or woefully incompetent," and expressed belief that he was not incompetent. The speaker emphasized the severe damage done to the professionals at the FBI and the principle that law enforcement should not be used as a political weapon.

Synthesis/Conclusion

The YouTube video transcript details a significant legal ruling that dismissed criminal cases against former FBI Director James Comey and New York Attorney General Leticia James due to the unlawful appointment of the prosecutor, Lindseay Halligan. The ruling by Judge Cameron McGawan Curry invalidated all actions taken by Halligan, leading to the dismissal of indictments. The transcript also delves into the contentious testimony of James Comey regarding the FBI's handling of investigations, particularly concerning the Carter Page FISA application and the Steel Dossier. Key points of contention included alleged alterations of evidence submitted to the FISA court, the non-disclosure of the dossier's political funding and subsource information to the court, and contradictions between Comey's testimony and that of former FBI Deputy Director Andrew McCabe regarding leaks. The overarching argument presented is that the investigation into the president was corrupt and that law enforcement agencies were politicized and weaponized, causing damage to the integrity of these institutions.