James Comey charged with transmitting national defense information in violation of the Espionage Act






Tiger

@TheTigerPundit


It’s not an indictment. It’s a “criminal information”—a charging document filed directly by prosecutors. For an ordinary federal felony, the government must obtain a grand-jury indictment unless the defendant knowingly waives indictment in open court after being advised of the charges and his rights. That’s Federal Rule of Criminal Procedure 7(a)–(b).Comey’s lawyers are challenging the filing, so this doesn’t appear to involve a plea deal. Prosecutors apparently filed the information to preserve the charges before the statute of limitations expired. Whether it accomplished that is precisely what his lawyers dispute.

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If a DC court can find a good excuse to drop a case against a senior Swamp member my expectation is that it will.
 
The Statute of Limitations has run on this, meaning he could not be charged even if true.

To get around that they added on a Conspiracy charge saying this actions is still going on today with others decades later.

This case will likely make Comey 1 and Comey 2 look like solid cases in comparison as this one almost certainly get tossed on first motion if it even gets that far.
 

ProsecutorsPodcast

@ProsecutorsPod


The filing here relies on 18 U.S.C. § 3282 to justify the argument that an information tolls the statute of limitations. And that makes sense--the general statute specifically references informations. The only problem is Comey is charged under 18 U.S.C. § 792 and 793, for which Congress specifically extended the SoL of five years from the general statute to ten years for espionage. But they did so only mentioning indictments, not informations. Interesting statutory interpretation arguments to come.
 
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It might be that Comey and the law dont matter here......that this is part of the flooding of the zone with the election in mind....to get people to question the conclusion that MAGA betrayed them and thus does not deserve their support.
 
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