(Washington) The criminal proceedings against former FBI director James Comey appeared to be off to a bad start on Monday, after a new decision by a very harsh judge for the prosecution. He had been designated by Donald Trump to his Justice Department as a priority target.
The president has repeatedly expressed during his election campaign his desire to take revenge on all those he considers personal enemies.
James Comey, 64, became at the end of September the first of these personalities to be indicted since the billionaire’s return to power.
A judge noted in a decision rendered Monday “a disturbing series of missteps in the conduct of investigations”, likely, according to him, to motivate a cancellation of the indictment if the defense so requested.
In question, the presentation by Lindsey Halligan, the prosecutor chosen by Donald Trump, of the elements of the case to the grand jury – a commission of citizens invested with investigative powers.
PHOTO JACQUELYN MARTIN, ASSOCIATED PRESS ARCHIVES
Prosecutor Lindsey Halligan
“The court identified two statements by the prosecutor to the grand jury that on their face appear to be fundamentally flawed formulations of the law that could compromise the integrity of the process,” said Judge William Fitzpatrick.
The prosecutor thus notably suggested to the grand jury that James Comey could not rely on 5e Amendment to the American Constitution, authorizing any litigant not to testify at his own trial, he notes.
Accordingly, the judge satisfies the defense, ordering the prosecution to provide the latter by Monday evening with all the documents presented to the grand jury to obtain the indictment against Mr. Comey.
The lawyers of the former FBI director filed a series of appeals to quash the prosecutions, arguing in particular that they were motivated solely by Donald Trump’s “personal grudge” and that the appointment of the prosecutor was “illegal”.
The Attorney General of the State of New York, Letitia James, also indicted following public pressure from Donald Trump, also appealed on these same grounds.
At a hearing last week, another judge was very skeptical about the legality of the prosecutor’s appointment, promising to render a decision on the matter by Thanksgiving, November 27.
After pushing the attorney for the Eastern District of Virginia responsible for these cases to resign, Donald Trump immediately replaced him in this strategic position with Lindsey Halligan, advisor to the White House.
