Transcription
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BY DOCTOR RECOMMENDED NAVAGE. BY DOCTOR RECOMMENDED NAVAGE TODAY.
FORMER FBI DIRECTOR JAMES COMEY WAS ARRAIGNED IN A FEDERAL COURT IN VIRGINIA TODAY FOLLOWING REPEATED CALLS BY PRESIDENT TRUMP TO PROSECUTE HIM. COMEY PLEADED NOT GUILTY.
HIS LAWYER TOLD THE JUDGE THEY WOULD MOVE QUICKLY, DISMISS THE CASE, CALLING IT A VINDICTIVE AND SELECTIVE PROSECUTION.
NO CAMERAS WERE ON THE COURT, BUT YOU COULD SEE COMEY'S FAMILY ARRIVING, INCLUDING, CRUCIALLY, HIS DAUGHTER. REMEMBER HIS DAUGHTER, FORMER FEDERAL PROSECUTOR MAURENE COMEY, RIGHT THERE NEXT TO HER MOTHER? YOU MAY REMEMBER MAUREEN COMEY HELPED PROSECUTE THE CASE AGAINST GLENN MAXWELL AND WAS ABRUPTLY FIRED BY TRUMP'S DOJ THIS SUMMER WITH NO EXPLANATION.
FIRST TIME PROSECUTOR LINDSEY HALLIGAN HAS NEVER PROSECUTED A CASE IN HER ENTIRE LIFE, WHO WAS HANDPICKED BY TRUMP TO BE THE U.S. ATTORNEY AFTER THE EXISTING U.S. ATTORNEY WAS PUSHED OUT OVER HIS REFUSAL TO INDICT COMEY. SHE WAS THERE ALONG WITH THE TWO PROSECUTORS. SHE ADDED TO THE CASE ONLY YESTERDAY, ADMITTING IN COURT THEY WEREN'T QUITE UP TO SPEED.
"WE'RE JUST GETTING OUR HANDS AROUND THE DISCOVERY," ONE OF THEM SAYING THIS IS A LARGE. THERE'S A LARGE AMOUNT OF DISCOVERY.
BUT THE JUDGE REJECTED THE PROSECUTION'S REQUEST FOR MORE TIME AND SET A TRIAL DATE FOR JANUARY 5TH, IF IT EVER REACHES TRIAL.
JOYCE VANCE, FORMER U.S. ATTORNEY FOR THE NORTHERN DISTRICT OF ALABAMA. SHE WORKED FOR JAMES COMEY. ATTORNEY PATRICK FITZGERALD TO THE DEPARTMENT OF JUSTICE. CHRISTIE GREENBERG IS FORMER DEPUTY CHIEF OF THE CRIMINAL DIVISION IN THE SOUTHERN DISTRICT OF NEW YORK, AND THEY BOTH JOIN ME NOW.
JOYCE, FIRST, WHAT DID WE LEARN TODAY FROM THE ARRAIGNMENT, IF ANYTHING?
"YOU KNOW, IT'S REALLY INTERESTING. THE EASTERN DISTRICT."
"OF VIRGINIA."
"IS THE."
"FIRST COURT THAT I EVER."
"PRACTICED IN. I WAS."
"BARRED."
"IN VIRGINIA."
"AS A BRAND NEW LAWYER. AND IF YOU PRACTICE IN THAT COURTHOUSE, YOU UNDERSTAND THAT THERE IS A ROCKET DOCKET THERE THAT THE COURT MOVES VERY QUICKLY."
"BUT IT WAS CLEAR THAT THESE TWO PROSECUTORS BROUGHT IN FROM THE EASTERN DISTRICT OF NORTH CAROLINA DIDN'T GET THAT MESSAGE IN ADVANCE OF ARRAIGNMENTS TODAY."
"AND SO THEY EXPRESSED TO THE JUDGE THAT THEY NEEDED MORE TIME."
"AND I SUSPECT THAT HE WAS RATHER INCREDULOUS TO GET THAT REACTION FROM THEM."
PAT FITZGERALD, JIM COMEY'S DEFENSE LAWYER, YOU KNOW, WAS SIMILARLY, I THINK, INCLINED TO MAKE IT CLEAR THAT THEY DID NOT UNDERSTAND THE PLAYING FIELD, SUGGESTING, FOR INSTANCE, THAT THEY WERE READY TO GO TO TRIAL VERY QUICKLY AND THAT HE DIDN'T UNDERSTAND WHY PROSECUTORS HADN'T RESOLVED INFORMATION ABOUT CLASSIFIED EVIDENCE BEFORE INDICTING THE CASE.
CHRISTIE, ONE THING THAT WE'VE SEEN WITH TRUMP IS TO USE TIME AND COURTS IN A SPECIFIC WAY, RIGHT, TO DRAW THINGS OUT WHEN THAT'S ADVANTAGEOUS, TO RUSH THINGS ALONG WHEN THAT'S ADVANTAGEOUS, AND THAT IN EACH OF THESE WAYS YOU CAN SORT OF ACHIEVE KIND OF ENDS THAT ARE INDEPENDENT OF THE ULTIMATE DISPOSITION OF THE CASE. AND IT STRUCK ME TODAY AS I WATCHED THIS. I MEAN, FIRST OF ALL, THERE IS A LOGISTICAL PROBLEM, RIGHT? NO ONE IN THIS OFFICE IS CLEARLY GOING TO PROSECUTE THIS CASE BECAUSE ALL THE LINE ATTORNEYS THINKS IT'S A TRAVESTY OF JUSTICE. BUT IT ALSO OCCURRED TO ME THAT, FROM THE TRUMP PERSPECTIVE, THE WHOLE POINT IS FOR COMEY TO BE UNDER A CLOUD, TO BE INDICTED, TO BE FACING, YOU KNOW, FACING THIS PROSECUTION MORE THAN IT IS SOME FINAL RENDERING OF A VERDICT.
"RIGHT? I MEAN, A FEW THINGS STRUCK ME TODAY."
"ONE IS WE STILL DON'T KNOW WHAT THE FALSE STATEMENTS ARE."
"I MEAN, THEY RAISED THINGS THAT PAT FITZGERALD SAID IS LIKE, I MEAN, I'VE NEVER SEEN AN INDICTMENT WHERE YOU CHARGE A FALSE STATEMENT AND WE'RE ALL GUESSING ABOUT WHAT THE FALSE STATEMENT IS."
"WE DON'T WE?"
"PAT FITZGERALD SAID, I STILL DON'T KNOW WHO PERSON ONE AND PERSON THREE ARE. I'VE HAD NO SUBSTANTIVE CONVERSATIONS WITH THE DEFENSE UNTIL YESTERDAY. SO LINDSEY HALLIGAN, BASICALLY THE INSURANCE LAWYER, KIND OF CAME IN ON A MONDAY. BY THURSDAY, SHE'S INDICTING THE CASE. AND THEN, YOU KNOW, SHE, TWO WEEKS GO BY, SHE HASN'T TALKED TO THE DEFENSE AT ALL. AND SHE KIND OF PUNTED THIS THING TO THESE TWO JUNIOR PROSECUTORS WHO CLEARLY DON'T KNOW WHAT'S GOING ON."
"AND YOU KNOW, I MARVEL AT THE FACT THAT THEY ACTUALLY GOT UP IN COURT AND SAID, WELL, YOU KNOW, WE MAY NEED MORE TIME FOR THIS TO GO TO TRIAL BECAUSE THE CASE IS COMPLEX."
"SHE CHARGED IT WITHIN A MATTER OF DAYS. HOW IS IT COMPLEX?"
"SHE CLEARLY WAS ABLE TO WRAP HER HEAD AROUND IT. AND, YOU KNOW, AGAIN, THIS IDEA THAT THERE WAS A LARGE AMOUNT OF DISCOVERY KIND OF TELLS YOU IT IS HIGHLY LIKELY SHE DIDN'T REVIEW ALL OF THOSE MATERIALS."
"BUT THAT IS SUCH A GREAT CATCH THURSDAY, RIGHT? LIKE SHE DIDN'T LOOK AT ALL OF THIS AND PRESENT A CASE TO A GRAND JURY WITHOUT BEING FULLY VERSED IN WHAT THOSE MATERIALS ARE, PARTICULARLY WHEN YOU HAVE A MEMO FROM CAREER PROSECUTORS THAT SAY, NOT JUST THAT WE DON'T THINK WE CAN OBTAIN A CONVICTION HERE, BUT THAT WE THINK PROCEEDING HERE WOULD VIOLATE DOJ POLICY AND MAY RAISE ETHICAL ISSUES."
"RIGHT?"
"I MEAN, LIKE RED FLAGS ALL OVER THE PLACE. LIKE YOU DON'T YOU DON'T PRESENT THAT CASE TO THE GRAND JURY WITHOUT SAYING, HEY, YOU KNOW WHAT? IF I'M A RESPONSIBLE LAWYER AND I'VE ALSO NEVER PROSECUTED A CASE BEFORE, I BETTER TAKE A LOOK AT ALL THIS AND MAKE SURE I'M COMFORTABLE. BUT THAT'S CLEARLY NOT WHAT HAPPENED HERE. SHE GOT HER MARCHING ORDERS FROM DONALD TRUMP, AND SHE FOLLOWED THEM."
"AND SO, YOU KNOW, I THINK REGARDLESS OF WHAT THE TIMING IS, THEY ARE GOING TO BE EXPOSED HERE. THIS IS NOT HOW YOU PROCEED. THEY ARE GOING TO BE EXPOSED IN ANY NUMBER OF WAYS. I DON'T THINK IT WILL GET TO TRIAL. I THINK THIS WILL BE DISMISSED BECAUSE SHE'S NOT PROPERLY APPOINTED."
"BUT I MEAN, THIS IS GOING TO BE A FARCE."
"YEAH. ON THAT POINT, RIGHT? I MEAN, PATRICK FITZGERALD SAYS WE'RE GOING TO FILE MOTIONS CLEARLY AROUND SELECTIVE MALICIOUS PROSECUTION, FOR WHICH THERE IS A HIGH BAR. BUT ON THAT POINT, WE GOT NEW REPORTING TO THE WALL STREET JOURNAL TONIGHT THAT THAT MESSAGE THAT TRUMP POSTED TO PAM BONDI ONLINE WAS MEANT TO BE BASICALLY A DM THAT HE ACCIDENTALLY POSTED PUBLICLY. HE MEANT TO SEND A PRIVATE MESSAGE URGING HER PROSECUTION OF FBI DIRECTOR JAMES COMEY AND HIS OTHER FAVORITE TARGETS. 'WE CAN'T DELAY ANY LONGER. IT'S KILLING OUR REPUTATION.' HE BELIEVED HE HAD SENT THE MESSAGE DIRECTLY, ADDRESSING IT TO PAM WAS SURPRISED TO LEARN IT WAS PUBLIC. BONDI GREW UPSET, CALLED THE WHITE HOUSE AIDES. TRUMP, WHO THEN AGREED TO SEND A SECOND POST PRAISING HER AS DOING A GREAT JOB. FIVE DAYS AFTER THE SATURDAY EVENING MESSAGE, COMEY WAS INDICTED. IT STRIKES ME THAT THAT'S MATERIALLY IRRELEVANT TO THE FILINGS THAT PAT FITZGERALD IS GOING TO MAKE ON COMEY'S BEHALF, JOYCE, THAT THIS IS SELECTIVE AND MALICIOUS PROSECUTION."
"SO, LOOK. PAT FITZGERALD HAS SEEN A LOT OF LAWYERS ATTEMPT TO FILE SELECTIVE AND VINDICTIVE PROSECUTION MOTIONS AND FAILS. HE UNDERSTANDS WHAT THE LAW IS HERE AND THE HIGHEST STANDARD FOR PEOPLE TRYING TO MAKE THIS ARGUMENT IS ACTUAL VINDICTIVENESS, THAT THE GOVERNMENT HAD ACTUAL VINDICTIVENESS TOWARDS THEIR CLIENT OVER THE EXERCISE OF THEIR RIGHTS. IF THIS ISN'T EVIDENCE OF THAT, I DON'T KNOW WHAT IS. I THINK THAT THIS CASE WILL BE DISMISSED ON THIS GROUND, PERHAPS ON SELECTIVE PROSECUTION TOO, WHICH IS THE SUGGESTION THAT THE GOVERNMENT IS TARGETING YOUR CLIENT FOR PROSECUTION THAT WOULDN'T BE BROUGHT AGAINST ANYONE ELSE IN THIS CASE. EVERYTHING THE GOVERNMENT DOES MAKES THE DEFENSE'S MOTION STRONGER. YOU KNOW, THE STORY WE WERE ALL TALKING ABOUT A COUPLE OF DAYS AGO ABOUT THE TRUMP ADMINISTRATION TRYING TO FIND A COUPLE OF BEEFY FBI AGENTS SO THEY COULD PERP WALK JIM COMEY INTO THE COURTHOUSE IN FRONT OF THE PRESS. WELL, THAT, AGAIN, IS EVIDENCE OF VINDICTIVENESS THAT THEY'RE TRYING TO HUMILIATE THIS DEFENDANT, NOT PROSECUTE HIM FOR LEGITIMATE CRIMINAL CONDUCT. I DON'T THINK THIS CASE MAKES IT TO TRIAL."
I'LL JUST NOTE TO THE VIEWER THAT JOYCE'S SELECTION OF THE ADJECTIVE BEEFY THERE COMES DIRECTLY FROM THE REPORTING. THAT WAS WHAT THOSE REPORTING. THEY WERE LOOKING.