After Comey indictment, Trump says he hopes more political opponents will face prosecution

Geoff Bennett:

Former FBI Director James Comey has been indicted by a federal grand jury, an extraordinary escalation in President Trump's campaign to prosecute his political rivals.

Amna Nawaz:

Comey, a vocal critic of Mr. Trump, was charged for what the Department of Justice says is false testimony to Congress five years ago around investigations he led into the 2016 campaign. Comey has long been at the center of one of the president's biggest grievances, investigations into Russian interference and potential ties to Trump's campaign.

Our White House correspondent Liz Landers, starts our coverage tonight.

Liz Landers:

More fallout tonight following the Justice Department's near-unprecedented felony indictment against former FBI Director James Comey. Comey was charged late Thursday on two felony counts, obstruction of a congressional proceeding and making a false statement.

Donald Trump, President of the United States: It's a pretty easy case because, look, he lied.

Liz Landers:

Mr. Trump, who is himself the first former president convicted of a felony, celebrated the move today on his way to a golf tournament, and he insinuated the charges won't stop with Comey.

Donald Trump:

Frankly, I hope there are others, because you can't let this happen to a country. It's about justice, really. It's not revenge. It's about justice. It's also about the fact that you can't let this go on.

Liz Landers:

A defiant Comey responded to the indictment overnight.

James Comey, Former FBI Director:

My family and I have known for years that there are costs to standing up to Donald Trump. But we couldn't imagine ourselves living any other way. We will not live on our knees, and you shouldn't either. My heart is broken for the Department of Justice, but I have great confidence in the federal judicial system.

And I'm innocent, so let's have a trial.

Liz Landers:

The charges against Comey stem from an appearance before the Senate in 2020, where the prosecution alleges the ex-director authorized a leak of classified information to the media and then knowingly told the Senate differently.

Sen. Ted Cruz (R-TX):

Chairman Grassley asked you point blank — quote — "Have you ever been an anonymous source in news reports about matters relating to the Trump investigation or the Clinton investigation?"

You responded under oath — quote — "Never."

He then asked you — quote — "Have you ever authorized someone else at the FBI to be an anonymous source in news reports about the Trump investigation or the Clinton administration?"

You responded again under oath: "No."

James Comey:

I can only speak to my testimony. I stand by what — the testimony you summarized that I gave in May of 2017.

Liz Landers:

All of this comes just days after President Trump called for Comey's prosecution, along with others, writing directly to his attorney general, Pam Bondi, on social media — quote — "We can't delay any longer. Justice must be served now."

Adding urgency, the Justice Department faced a five-year statute of limitations for charges based on Comey's hearing that would have expired next week. Trump has long considered Comey a political enemy. Since firing him months into his first term, the president has been locked in a bitter feud with the former director for approving an investigation into Russian election interference and possible ties to Mr. Trump's campaign.

Sen. Lindsey Graham (R-SC):

Is there any cost to people trying to destroy President Trump's presidency?

Liz Landers:

Defenders of the president took to the airwaves yesterday, calling to charges long overdue.

Mike Davis, President, Article III Project:

I think this is the beginning of the accountability and certainly not the end for these lawfare Democrats.

Liz Landers:

But opponents have criticized how the Comey case was brought. Lindsey Halligan, Trump's newly-installed U.S. attorney, took the Comey indictment by herself to a grand jury because no other prosecutors would join her due to the reservations about the strength of the case.

Previously one of Trump's personal attorneys, Halligan has never prosecuted a case. Her predecessor, Erik Siebert, was pushed out of his job for not bringing mortgage fraud charges against another of Trump's enemies, New York Attorney General Letitia James.

Democrats called the Comey charges part of a troubling pattern.

Rep. Hakeem Jeffries (D-NY):

These charges are going to be dismissed. James Comey will win in court. But what it reflects is a broader attack on the rule of law that should frighten every single American.

Liz Landers:

The indictment comes weeks after Comey's daughter, Maurene, was fired from her job as a federal prosecutor in New York. And just minutes after the charges were filed, Comey's son-in-law resigned from his post with the Justice Department.

Comey will be arraigned in early October. The judge assigned to the case is a Biden appointee.

For the "PBS News Hour," I'm Liz Landers.

Amna Nawaz:

For further insight into the legal and political developments, we turn now to Barbara McQuade. She's a University of Michigan law professor and former federal prosecutor.

Barb, welcome back to the "News Hour."

Let's just start with the charges here, one count of making a false statement, another of obstruction of congressional proceeding. What would convince a grand jury to indict on those? What could they have seen?

Barbara McQuade, Former U.S. Attorney:

Well, the standard, of course, at the grand jury is simply probable cause. Based on the reporting, it sounds like what they looked at were the grand jury transcripts of both Jim Comey and then perhaps Andrew McCabe, the deputy director.

And so if there are discrepancies between those two things, that could establish, generously, probable cause in the minds of a grand jury. Now, keep in mind that, at a grand jury, there's no defense attorney, there's no cross-examination. And so it's just the prosecutor presenting one side of the case.

Amna Nawaz:

So probable cause is the bar for a grand jury. Where's the bar for the prosecutors? The allegation here is that Comey lied to Congress about authorizing someone to leak information to journalists. What do prosecutors have to prove here?

Barbara McQuade:

Well, at trial, they would have to prove beyond a reasonable doubt that Jim Comey made a statement that was false, that the statement was material, that is, determinative of something under their investigation, and that he then and there knew that the statement was false.

At trial, they will have to prove it beyond a reasonable doubt to a jury that decides it unanimously. What's also interesting is, although legally what's required at a grand jury stage is just probable cause, the Justice Department's policy manual says a prosecutor should not initiate a prosecution unless they believe the evidence is sufficient to obtain and sustain a conviction at trial. That means guilt beyond a reasonable doubt.

Amna Nawaz:

And you have heard there Jim Comey has said that he is innocent, that he welcomes a trial. What's his defense likely to argue here? And is it possible that this never even makes it to trial?

Barbara McQuade:

I think so.

I mean, I think, before the case goes to trial, he will likely file some motions to dismiss. One grounds for a motion to dismiss would be selective prosecution. That means that a person was targeted not because of some legitimate law enforcement objective, but because of some arbitrary or improper objective, in this case, perhaps political considerations.

And Donald Trump's posts on social media would certainly be evidence to document that sort of a thing. It could also be an argument that the case should be dismissed on the grounds of due process violations as to his right to a fair trial.

When you have Donald Trump telling the world, the president of the United States, that he lied or that he's a bad person, everybody's going to hear that, and it potentially taints the jury pool.

But then, ultimately, if this case does go to trial, that's where Jim Comey will attack the evidence that the government puts in, will perhaps likely, I think, testify on his own behalf and deny the charges. And then it will be up to a jury to decide whether the government has met its burden of proving guilt beyond a reasonable doubt.

Amna Nawaz:

Barb, as you heard Liz Landers' report there, the fact that only attorney Lindsey Halligan's name is on the indictment that none of the prosecutors in her office signed off on this, how unusual is that? And what does that say to you about this case?

Barbara McQuade:

It's extraordinary.

I served as an assistant U.S. attorney for 12 years and signed many indictments in that capacity. When I served as U.S. attorney for eight years, I signed exactly zero, because it is the job of the line prosecutor to sign those indictments. The fact that she was the one who signed the indictment, and the only one, and that she was the one and the only one who presented this case to the grand jury after four days on the job is truly extraordinary.

What it says to me is that nobody else would touch this case with a 10-foot pole. Why? Because they don't believe in the case, and they believe that they could perhaps have ethical concerns and grievances against them, even risking their own law licenses if they were to participate.

Amna Nawaz:

And let's just revisit that timeline, as Liz reported it out too.

This all followed, as you mentioned, President Trump publicly telling his attorney general to prosecute some of his critics, including Comey. The president said today he hopes that there are more people who could be prosecuted ahead.

Barb, big picture, what is to stop President Trump here from using the Department of Justice as his own personal law firm to settle scores and suppress critics?

Barbara McQuade:

Well, what's interesting is that, since Watergate, there have been norms that prohibit conversations and communications between the White House and the Department of Justice. There have been policies that say prosecution should not be used for political purposes.

But President Trump has busted through all of those norms and now appears to be directing his Department of Justice to do his bidding. In many ways, he may feel empowered by the decision of the Supreme Court last summer that said he personally cannot be held criminally liable for acts that are conducted within the scope of his constitutional duties as president.

I think these qualify. So, what really is left is individual cases of acquittals if there is no evidence to prove these cases or impeachment by the Congress. And that's something that we have seen Congress loathe to do in recent years to impeach and then convict a member of their own party. But that is the recourse that we have.

Amna Nawaz:

That's former federal prosecutor Barbara McQuade joining us tonight.

Barb, thank you for your time. Always good to speak with you.

Barbara McQuade:

Thanks.