Dear listeners,
James Comey has been charged with federal crimes again, sort of. Federal prosecutors filed an information that purports to charge Comey with having illegally leaked national defense information almost exactly 10 years ago — just under the wire on the statute of limitations. But the law setting the 10-year deadline calls for an indictment, which prosecutors haven’t gotten. Prosecutors say that by filing an information — a statement of allegations not reviewed by a court or a grand jury — they have tolled the statute of limitations and preserved the option to pursue an indictment later. Comey’s lawyers say that’s nonsense and they want the case dismissed as untimely. Prosecutors retort that there’s nothing to dismiss, since Comey hasn’t been indicted. 🙃.
This is one of several cases in which the Trump DOJ is even sloppier than it has been, in an apparent rush to get charges out before the midterm elections, for some reason. (Does Trump know he’ll still control the DOJ even if Republicans lose next week?) For example, we cover weird shenanigans in a false statements case against two former FBI investigators that have angered Magistrate Judge Zia Faruqui, and a no-bill for proposed charges against former Trump staffer Cassidy Hutchinson (not Jeanine Pirro’s fault, for once!). And we discuss another Comey — James’s daughter Maurene — who won her wrongful termination case against the Trump DOJ.
That’s for all listeners. Paying subscribers also get our civil docket, which this week includes:
Hasan Piker’s actually-pretty-plausible defamation lawsuit against Scott Jennings, who falsely implied that Piker advocated for black Americans to be lynched. (Jennings may be saved by the actual malice standard, especially if he’s willing to let his lawyers argue that he’s kind of dumb.)
A partial victory for Candace Owens in Delaware, where the Macrons are suing her for defamation.
Long-suffering federal judge Judge Ana Reyes’ admission that maybe she is the Lorax, as she acts with a preliminary injunction to protect the trees of East Potomac Park.
A tactical trap for Max Miller, who may come to regret throwing his staff under the bus in his legal fight with his ex-wife.
And a comeuppance for Matt Taibbi, who is likely to have to pay substantial legal fees to Eoin Higgins — indeed, you might say Taibbi has been owned.
We hope you enjoy the episode,
Josh
