Trump hoped to humiliate James Comey. The court proceedings just stated and before it goes to trial Comey has already turned the tables on Trump and his prosecutors. If Comey succeeds and Trump fails miserably, it bodes well for Trump's other perceived enemies who he has targeted for retribution.
James Comey's defense lawyer, Patrick Fitzgerald, is a former U.S. Attorney. Fitzgerald said the defense intends to
1. File a motion to dismiss for vindictive and selective prosecution.*
2. File a motion to disqualify interim U.S. Attorney Lindsay Halligan as unlawfully appointed.**
3. Possibly file motions arguing grand jury abuse and outrageous government conduct.***
* "I believe the Comey case to be the strongest case for selective prosecution I’ve seen in my 50 years as a defense lawyer," said Stanley Brand, a distinguished fellow in law and government at Penn State Dickinson Law.
Experts said Comey’s argument could carry weight because of Trump’s unusually voluminous criticism directed at him in speeches and on social media, and Trump’s public calls for Comey’s prosecution.
** Section 546 of Title 28 of the United States Code authorizes an Attorney General to appoint an interim United States Attorney for a term of 120 days. Under section 546(d), once the 120-day term expires, “the district court for such district may appoint a United States attorney to serve until the vacancy is filled.”
*** Halligan may have obtained the [grand jury] indictment the president wanted, but it reflects the flawed process that produced it. Grand jurors rejected one count in the proposed indictment, reportedly involving an additional false statement, which happens very rarely. It’s not a good sign for the strength of the government’s evidence. It’s one thing to get a grand jury to indict. Getting a conviction is an entirely different matter.
Why the case against James Comey may end in humiliation for Trump’s DOJ
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