Prosecutors Urge Judge to Rebuff Comey’s Bid to Dismiss Case
The filing appeared to be an effort to construct a narrative that James B. Comey had leaked information to the news media without actually tying such assertions to the claims made in the indictment against him.
The filing appeared to be an effort to construct a narrative that James B. Comey had leaked information to the news media without actually tying such assertions to the claims made in the indictment against him.
www.nytimes.com
“The federal prosecutors pursuing a criminal case against James B. Comey, the former F.B.I. director, disclosed evidence on Monday, including private emails, showing that he used a confidant to provide information to reporters — even though it was difficult to tell how some of the evidence was relevant to the specific charges detailed in the case.
The evidence was included in a
48-page filing that appeared to be an effort to construct a narrative that Mr. Comey had leaked information to the news media without actually tying such assertions to the allegations made in the indictment brought against him.
… Last month,
lawyers for Mr. Comey accused President Trump of improperly ordering the Justice Department to prosecute him out of a deep personal animus reaching back to May 2017, when he was fired as F.B.I. director while overseeing the Trump-Russia investigation.
The lawyers pointed to the extraordinary origins of the case: a public message on social media in which Mr. Trump
ordered his attorney general, Pam Bondi, to go after Mr. Comey, one of his most reviled adversaries.
… While Mr. Comey’s lawyers described Mr. Trump’s social media message as “smoking-gun evidence” of vindictiveness, the prosecutors argued it was “hardly evidence at all” and merely part of “a mix of news reports, social-media posts and speculation” used to accuse the president of bias.
… The new filing also disclosed an insinuating piece of evidence that did not appear to be related to either of the two charges detailed in the indictment. It instead appears related to a third charge that
Ms. Halligan tried to bring against Mr. Comey, but that a grand jury rejected.
That involved a memo the C.I.A. sent to the F.B.I. on Sept. 7, 2016, containing intelligence about Russia’s interference in that year’s campaign.
… At the September 2020 hearing, a senator had asked Mr. Comey about the memo, but Mr. Comey said he had no memory of seeing it. The third charge Ms. Halligan tried to bring was over whether Mr. Comey lied in saying that.
The new filing said the F.B.I. had recently found handwritten notes from Mr. Comey, dated Sept. 26, 2016, that read: “HRC plan to tie Trump.”
Even though that appeared to refer to Mrs. Clinton, it is not clear why those notes would support the failed charge, since they do no mention the Sept. 7 memo at issue. It has long been public that Mr. Comey knew about the allegation itself because he was present for a briefing in August at which it was mentioned.“