Amendment VI: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Yesterday’s big news was that Trump’s vindictiveness, his lust for retribution resulted in a lame, weak tea (according to legal experts) indictment of James Comey. The post indictment announcement news was a weird combination of ‘bombshell’ and anti-climactic because all week it was predicted to be coming. I speculated in an article yesterday here on Politizoom getting an indictment might not be a sure thing. (I’ll talk more about that later) However two charges were announced. Making that public was important. Comey, as the headline says, put out a video statement saying among other things he’s ready to have a trial. He has the right to a speedy trial, which as it happens is both guaranteed in the Constitution but defined by federal statute. This could get real interesting real fast if Comey exercises that right!
Living in the Trump era and being exposed to one of Trump’s few talents, in this case an insane ability to drag a case out and stave off trials people have learned that for typical defendants a delayed trial is the next best thing to an acquittal. Most people actually charged with crimes are in fact guilty although we know the system has always allowed unscrupulous prosecutors to, for various reasons, push unworthy cases. (like here!) However, even those who are innocent and can afford excellent lawyers sometimes aren’t in a hurry to get to trial. Ok, maybe it’s those lawyers who aren’t. Billable hours from a client who can pay and all that.
Still, the Constitution provides those accused of crimes the right to a speedy and public trial. What exactly, LEGALLY does the word “speedy” in the Sixth Amendment mean? Well, it just so happens to be defined/codified in federal law. Specifically 18 U.S. Code § 3161 which, if you like legal minutia, you can read about here. In simple terms it says that once charges are brought a defendant has the right to a trial within seventy days of an indictment and it being made public. The statute also says no trial can start less than 30 days after charges are brought unless the defendant agrees in writing for things to move faster.
Remember how I noted the indictment was filed and announced yesterday? THAT started the seventy day clock – on September 25, 2025. Trump can’t stop it or slow it down. Tik Tok motherf**ker. In as little as thirty days, IF Comey pushes things, a trial could be underway. I don’t see it happening that quickly because the actual formal arraignment won’t be held until Oct. 9. Now, Trump Toady and interim U.S. Attorney in the Eastern District of Virginia might try to slow things down. However, she’s up against not just a former FBI Director but someone who served as U.S. Attorney in the vaunted SDNY. And then as Deputy AG at main Justice. AND who is represented by Patrick Fitzgerald, one of the best criminal lawyers in the country who also has extensive and high profile prosecutorial experience. He was Special Counsel in the Scooter Libby case – the leak about former covert CIA Agent Valerie Plame.
Not just Halligan, but any career prosecutor with actual talent in her office is in over their head, even if they had a strong case to begin with. (They don’t) She’ll probably have to hire a couple of hacks because the REAL prosecutors won’t go saying/doing things in court that could ruin their careers. If Comey wants a speedy trial, to have this over before Thanksgiving, he’ll get it. Oh, did I forget to mention the Eastern District of Virginia is known as the “Rocket Dockett” because of how rapidly it moves even the complex national security cases it regularly handles? So again, to Trumpty, Bondi and Halligan I say Tick Tok a$$holes. By all indications there’s no “there” there which is why Comey wasted little time in saying let’s have ourselves a trial. Given what Trump’s put him and his family through, he might actually welcome the chance to legally spank Team Trump!
Let’s take a brief look at how the hell we got to where we are this morning as I write this. While the indictment might claim it’s about a false statement under oath in a Senate hearing, we ALL know it’s about Trump wanting payback on Comey. Not only did Comey choose to follow his oath to the Constitution instead of replacing it with loyalty to Trumpty, he actually did his job. When credible evidence was presented to him, then FBI Director Comey authorized opening an investigation of Trump’s possible Russia ties.
It’s not like Trumpty didn’t do a revenge number on Comey during his first term. He made a point of FIRING Comey while Comey was in California, literally on the other side of the country from DC. Comey was on a planned tour of major FBI Field Offices. His firing was announced by tweet AND Trump ordered he NOT be allowed to fly back east on the FBI plane. He had to pull out a personal credit card and pay for a commercial ticket. (Good thing he wasn’t in Hawaii or Alaska!) Trump publicly reveled in the dickishness of the move. However, even back in his first term, Trump wanted Comey prosecuted. It didn’t matter for what. As far as Trump was concerned, James Comey made his life difficult and to Trump that alone made Comey a criminal!
Then AG Bill Barr pulled some serious strokes protecting Trump from consequences of Team Trump and Team Putin’s cooperative venture during the 2016 election. However, he balked at prosecuting Comey and others who simply did what their jobs required them to do. They hadn’t broken any laws (or even norms) other than a “law” Trump believes is his birthright which is to punish anyone who offends him with imprisonment. Hard to believe those were, in their way, the ‘good old days’ when sometimes there were adults in the room to control Trump. THIS time we knew, because he let us know during the campaign there would be no adults around. Still, he was getting increasingly pissed about not seeing various people hauled up in court on criminal charges.
Something, ANYTHING was Trump’s mantra to AG Bondi. Sure as I’m sitting here at least once he told her to just make some sh*t up if she had to but get it done, and that’s pretty much where we are today. As Politico reports:
A grand jury in Alexandria, Virginia, indicted Comey on Thursday on two felony charges stemming from Comey’s testimony to the Senate Judiciary Committee in September 2020 about the FBI’s investigation into links between Trump’s 2016 presidential campaign and Russia.
The obstruction of Congress charge accuses Comey of making “false statements” at that hearing, but is silent about what they were.
This is already getting longer than I wanted so I’ll beg for forgiveness from those who might comment if I leave some things out from here on. This all stems from an accusation that Comey authorized a ‘leak” of information to a reporter. One of his assistants, Andrew McCabe’s name came up when the whole ‘scandal’ exploded during Trump’s first term. It seems quaint now but DOJ, like other agencies, had an Inspector General and those IG’s took their work seriously. The IG in this case did what IG’s do – drill down not just into the weeds but under the soil and into the roots. The final report exonerated Comey of even knowing about, much less authorizing the ‘leak.’ It also noted McCabe’s not, at least for a long time being forthcoming about having been the ‘culprit.’ It even notes that McCabe lied to Comey for months, AND that when McCabe finally revised his position about authorizing the talk with that journalist he tried to claim he’d told Comey. The IG report specifically says THAT was less than forthright!
I watched Lawrence O’Donnell last night because I assumed, like Jen Psaki, he’d talk with legal pundit Andrew Weissman who was key in the Mueller investigation. It was was Weisman suggesting to Psaki that Comey might, and in fact should, avail himself of the speedy trial statute. I figured O’Donnell would follow up on that and he did. However, O’Donnell also went on to discuss the two page indictment which he had a copy of. He didn’t merely note how little was in it, but he also addressed how an indictment might have even happened. As I said earlier, it wasn’t a slam dunk despite the old ‘a good prosecutor can indict a ham sandwich’ saying:
Notably, a court document released Thursday night showed the same grand jury refused to indict Comey on a second charge of making a false statement to Congress. The charge jurors balked at pertained to a statement Comey made during the hearing where he appeared to deny having read a report sent to top FBI officials in September 2016 about the Clinton campaign’s interest in using Trump’s alleged Russia ties to distract from her own legal woes.
Although grand jury proceedings are famously (and necessarily) secret sometimes, a few general things come out. (It might surprise you but unless it involved classified information witnesses can tell whomever they want what questions they were asked and how they responded.) Reporting indicates at least two grand jurors rejected even the two counts for which indictments were handed down. O’Donnell reminded us of something important.
Unless they are trying to lock in what might be a difficult at trial witness, getting them on the record, prosecutors don’t present any more to grand juries than they have to in order to secure an indictment. While once charges are filed and Discovery kicks in, in the grand jury they have no legal (ethical is another matter!) to present exculpatory evidence. O’Donnell showed highlighted portions of that IG final report I talked about earlier that exonerated Comey. He flatly stated and probably correctly that Halligan specifically did NOT show any of that to the grand jury! Another report, which I take with a big grain of salt, is that Halligan herself was in the room because her line prosecutors were reluctant to press the case. Put a pin in that.
However, Comey’s lawyer can expose that in a pre-trial hearing. That to please Trump a U.S. Attorney would lie by omission, to mislead a grand jury to get a politically motivated indictment that will harm prosecutions all over the country. Imagine the publicity this case will generate, and before long grand jurors openly challenging prosecutors who seem to be limiting what is presented: ‘What are you NOT telling us? Are you trying to cover up stuff that casts doubt on your allegations?’ And ALL of this is because of a butt-hurt, fat-assed orange face painted man-baby with a tissue thin ego wants to get some payback on someone he’s decided deserves to be punished for not worshiping him. To allow him to do whatever the hell he wants.
Again, this got longer than I wanted. There is SO much more I’d like to say but I’ll close with this. I really, REALLY hope Comey takes Weissman’s advice and demands a speedy trial. Why? Because we know additional bogus indictments are coming. If Comey moves swiftly, and at arraignment (or even before) files a motion alleging what’s called vindictive prosecution, and Weissman pointed out he can likely get a hearing where HE can call witnesses. Doing so would knock Halligan and Bondi like a punch from Muhammed Ali in his prime. It would be an act of public service on Jim Comey’s part. He’s in large part responsible for the fact we got stuck with Trump the first time. The least he could do is partially atone by taking Trump and his minions to the legal woodshed for an old-fashioned whupping.
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Very good writing, Denis!
“And ALL of this is because of a butt-hurt, fat-assed orange face painted man-baby with a tissue thin ego wants to get some payback on someone he’s decided deserves to be punished for not worshiping him. To allow him to do whatever the hell he wants.”
This sums up tRump perfectly, then the perfectly wished-for ending.
“If Comey moves swiftly, and at arraignment (or even before) files a motion alleging what’s called vindictive prosecution, and Weissman pointed out he can likely get a hearing where HE can call witnesses.”
Let’s not forget Comey’s role in getting him elected in 2016 when he floated false accusations at Hillary 11 days prior to voting. He didn’t mention the one on Trump with REAL evidence. He’s in the same spot as America…the mythological democracy everyone always gushing over…you help an ignorant privileged fascist take power and YOU will eventually be in the crosshairs. Good job jimbo.
“Comey, as the headline says, put out a video statement saying among other things he’s ready to have a trial.” I have the feeling he’s been ready since his daughter was fired!
I’m so looking forward to the next convictions based on this set of extensively researched and double-checked facts.
That will be when Comey wins his lawsuit against those who wrongfully and maliciously charged him, on the say-so of Dimwit Donny.
After Comey wins this one.