We’ve learned a few things since Thursday evening when it was announced former FBI Director James Comey had been indicted. Details were sparse and while a few of the reports seemed like what one would expect from Team Trump I was a bit skeptical. It turns out some of what prompted “really, REALLY?” things weren’t just true but the whole thing was crazier than I thought. It turns out the judge to whom the indictment was presented/filed thought it was a little weird too. As in like nothing she’d ever seen before!
If you’ve followed any of this you know Trump was fuming over people he wants to see jailed hadn’t even had charges filed against them. James Comey in particular was on his mind because the statue of limitations on his alleged crime of giving false testimony to Congress was about to run out. (This coming Tuesday to be precise) The hearing in question was during COVID so Comey testified by video leak from his home in northern Virginia, which is why any charges would be filed not in DC (by “judge” Jeanine Pirro who’s had difficulty getting grand juries to indict) but in the eastern District of Virginia.
The U.S. Attorney there was a Trump guy. Not hard core fire-breathing MAGA but enough of one to have passed the team at the White House that vets people to ensure loyalty to Trump. Alas, Seibert was an experienced federal prosecutor and he looked at the case and didn’t think it was worth jack. Career prosecutors in the office wrote a nice memo explaining there was no ‘there’ there and Seibert gave it to Trump who freaked and fired him even though HE had appointed the guy. AND skipped over the second in command who wouldn’t have filed charges either.
Being Trump he followed form and looked to personal attorneys he’d used. Most of those hacks have LOST in court representing him. I was a little surprised given his failure to force Alina Habba into a U.S. Attorney slot in New Jersey he didn’t turn to her. (More on her in a bit) Instead he turned to a lawyer he’d hired during his hiatus from the Oval Office. An insurance lawyer who played a minor role in three federal cases Trump lost concerning financial stuff.
Lindsey Halligan is thirty-six years old and has never prosecuted a single case! She was some special assistant to Team Trump working on rewriting history at the Smithsonian BUT despite having lost several times she had a couple of things going for her. She’s young and nice looking. Even blonde. (which has to have Habba looking over her own shoulder) That, and being totally subservient to Trump was all that mattered. So Trump installed her as the interim U.S. Attorney in the eastern District of Virginia, one of the most important federal courts in the country.
Halligan would do whatever Trump ordered her to do Trump figured and he was right. For her part Halligan has drunk so much ugly-orange Kool Aid she’s in the process of destroying her legal career. As this article from CBS News tells us she’s already chopping off legal career fingers! Personally I think CBS is still intimidated by Trump given their headline which talks about the judge to whom the indictment was presented as “confused.” As we shall see even if the judge didn’t say WTF? out loud that had to be what she was thinking. Still, there’s a court transcript since this is all public stuff so let’s start with this:
U.S. Magistrate Judge Lindsey Vaala expressed confusion and surprise at some points during the seven-minute court session when a federal grand jury impaneled in Alexandria, Virginia, returned the indictment of former FBI Director James Comey Thursday night.
According to a transcript of the proceedings obtained by CBS News, Judge Vaala asked the newly named interim U.S. Attorney Lindsey Halligan — a former Trump personal lawyer — why there were two versions of the indictment.
First of all take note of the fact Halligan herself was the one appearing before the judge to file the indictment. I was dubious at reporting Thursday night that Halligan herself had presented the case to the grand jury. We’ve since learned that is just what happened. The career prosecutors went over the memo they’d written about why the case was a loser. I guess with time running out and no other Trump hacks forced onto the staff before the statute of limitations clock ran out Halligan feared line prosecutors might not shade the evidence in a way that might get an indictment.
I wrote a piece here on PZ where Lawrence O’Donnell showed highlighted portions of the final IG report completed during Trump’s first term that flatly said Comey hadn’t authorized the “leak’ that had Trumpty so upset back then. (not for nothing but AG Bill Barr agreed with the IG) O’Donnell said he was certain THAT piece of evidence was never shown to the grand jury. That’s why I say the case had to be presented in a slanted way to get any indictments at all. Three counts were proposed and the grand jury rejected one of them. As for the other two, it was reported at least a couple had also voted against the two counts that did get a True Bill. From the linked article we now know it was a lot more than two.
Unlike a Petit (trial court) jury it doesn’t take a unanimous vote to convict or acquit someone. Only a majority. The linked CBS article tells us of the 23 grand jurors only 14 voted for the two indictments that are now formal criminal charges against Comey. That’s barely more than half. If that’s the best Halligan could get from a freaking grand jury I wonder if this case will even make it to trial. I’ve written on PZ about Comey seeming eager to have a trial. At some point you have to wonder if even the most rabid of Trump’s advisors will see an impending PR disaster and find some way to pull the plug.
Getting back to that seven minute court proceeding there is more that led me to describe it as a Charlie Fox (Cluster F**k). Not one, but TWO versions of the indictment got published on the case docket. One had the third (rejected) count and one did not. As you’d expect the judge wanted some answers to some pretty basic questions, evoking memories of Habba having a judge up in New York have to tell her she’d screwed up:
“So this has never happened before. I’ve been handed two documents that are in the Mr. Comey case that are inconsistent with one another,” Vaala said to Halligan. “There seems to be a discrepancy. They’re both signed by the (grand jury) foreperson.”
And she noted that one document did not clearly indicate what the grand jury had decided.
“The one that says it’s a failure to concur in an indictment, it doesn’t say with respect to one count,” Vaala said. “It looks like they failed to concur across all three counts, so I’m a little confused as to why I was handed two things with the same case number that are inconsistent.”
Well, as I said earlier Halligan’s experience was as an insurance lawyer. This is her first crack at prosecuting a criminal case. Gee, you think she’s in WAY over her head? I’m not a lawyer nor have I played one on TV. I was in Inherit the Wind over four decades ago but I played the defendant, not either the prosecutor or defense lawyer. But common sense tells any of us that before you go to court to make your filing and present it to the judge you read it over. Make sure it’s accurate and since none of your people would put their name on it sign it yourself! Not Halligan.
If instead of the Trump Reality TV Presidency this was a sitcom this is the point where things would be funny. Regarding the version of the indictment with three counts Halligan told the judge she hadn’t seen that one. She claimed she’d only reviewed and signed the one that was re-drafted with only two counts True Billed. Halligan claimed not to have seen the other one and didn’t know where it came from. Oops:
Vaala responded, “You didn’t see it?” And Halligan again told her, “I did not see that one.”
Vaala seemed surprised: “So your office didn’t prepare the indictment that they —”
Halligan then replied, “No, no, no — I — no, I prepared three counts. I only signed the one — the two-count (indictment). I don’t know which one with three counts you have in your hands.”
“Okay. It has your signature on it,” Vaala told Halligan, who responded, “Okay. Well.”
The professional restraint displayed by judge Vaala is astounding. I haven’t looked her up so I don’t know how old she is but if she were ready to retire I’m certain what she would have said was something along the lines of “Look Ms. Halligan, either you are a completely incompetent idiot who’s forgotten everything you learned in law school and have zero common sense OR you are standing here in a federal judicial proceeding and LYING to the court. Either way I will be sending a transcript of all this to any state where you are licensed to practice along with a memo stating you should be investigated and sanctioned!” I wonder if at some point the judge wondered if she was unwittingly starring in a new, live version of the wonderful comedy Night Court!
I can’t help but think someone who knew Comey (who has a lot of lawyer friends in northern Virginia) didn’t fill him in on what happened during those seven minutes. If so, it’s easy to see why he was licking his chops in his ‘bring it on’ video statement. I’m sure he cleared it with Patrick Fitzgerald who is likely, just like Comey hoping, praying that Halligan is forced to handle the October 9 arraignment. It should be one for the books. It’s too bad cameras aren’t allowed in federal courtrooms because it would be must-see TV.
Well, we will have to wait and see how this plays out but here’s what I think. While her staff, the career prosecutors will avoid Halligan as much as possible for fear of busting out in laughter in front of her they will be doubled over and gasping for air when she’s not present. However, the fact the judge didn’t rip Halligan a new one will I predict give Halligan and Team Trump in general a false sense of confidence. The mess with them not being able to force Habba on the people of New Jersey has them pissed off. Pirro failing to get indictments of two different defendants in DC flew mostly under the radar. Not her on Politizoom but in most places.
Now however we have a case Trump will be shouting about through a megaphone. I doubt anyone will bother to tell him what a hash Halligan made of the simple act of filing an indictment. Trump will talk about how capable she is and talk more about her looks (note to Halligan: hire a food taster pronto because Habba is going to be after you bigly) and how she’s going to bring Comey to justice. Mark the date Oct. 9 on your calendars because my prediction is that by the time Fitzgerald and even the presiding judge are done carving Halligan up into itty bitt Trump meatballs the Truth Social meltdown from Trump will be one for the books.
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After graduating from law school, Halligan worked for Cole, Scott & Kissane, an insurance law firm specializing in residential and commercial properties. She became a partner in 2018. At Cole, Scott & Kissane, Halligan represented insurance companies against lawsuits filed by homeowners and corporate plaintiffs.
This means settlements with plaintiffs for the most part I’m guessing
That firm which calls itself the largest in FL due to it’s attorney ‘head count’ specializes in insurance defense litigation. Basically representing insurance companies that get sued. Upon becoming a partner she specialized in representing clients against owners with claims over residential and commercial disputes. Since real estate was her thing it stands to reason when she met Trump at his club and got to talking in addition to being blonde and a former beauty queen she worked representing rich assholes trying to screw over real estate owners insurances companies didn’t want to pay out to. (Nothing horrifies any insurance company than having to actually meet THEIR obligations in an insurance contract. They consider the money paid via premiums theirs for keeps!)
Anyway when the whole classified documents truly heated up and Trumpty needed lawyers the fact Halligan had no criminal law experience wasn’t a factor. She ‘spoke real estate’ and was a ‘looker’ so he added her to the team. She was present during the Mar a Lago search and ‘involved’ in the Trump v United States Special Master fiasco. If you recall that’s when we learned more than we wanted about Aileen “Loose” Cannon who, along with Trump’s request for a Special Master got slapped down not once but TWICE by the hard conservative Fourth Circuit.
Halligan’s first foray into federal court was shall we say less than impressive. Cannon, yes CANNON rejected a couple of Halligan’s filings because they weren’t in compliance with local procedures – and directed her to the court’s website for instructions on how to get it right. Then when Halligan refiled them Cannon AGAIN rejected them! Despite that Trump kept her on his team, probably hoping to f**k her. The point is she lost in her first foray into federal court and in embarrassing fashion. Halligan later took part in failed defamation case against CNN, her second federal court strike. Although details are lacking she remained involved in the classified documents case which Trump would have lost but for Cannon dragging it all out and Trumpty getting re-elected.
Still he kept her around. Trump famously hates losers BUT if they happen to be women and are “hot” he’s remarkably forgiving.
Her appointment even as an interim U.S. Attorney is a sick joke. It’s made worse by where. She’s now in charge of over 300 lawyers, actual professionals who know shit and how to effectively do their jobs and enforce the law. AND the eastern District of Virginia handles a ton of critical national security related matters. The Pentagon sits in Virginia. So does a plethora of defense contractors. Oh, and the CIA too. They have lots to do and it’s important. It has to be handled properly and swiftly since so often national security is involved. And it is. The nickname The Rocket Dockett is justified. This is a place where the leader needs to have the skills and experience to hit the ground running and Halligan no sprinter. Here she is a legal toddler who can’t walk more than a few steps without falling.
She’s where she is because she’s short-sighted and slavishly devoted to Trump. She said she would do what he wanted come hell or high water and by grab she’s done what he ordered her to do. The high waters she’s now going to drown in is a form of hell as in a cesspool of Trump burnt steak and ‘hamberder’ turds in a mix of toxic chemicals.
i know it’s mean spirited of me but I’m looking forward to watching her endure the public humiliation she’s going to endure. SHE CHOSE IT!
“If instead of the Trump Reality TV Presidency this was a sitcom this is the point where things would be funny.”
This raises a good point. Most of the time the pronouncements of this regime would be improved enormously by being set to a laughter track, like the other comedies and farces on TV.