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Chickens are coming home as former FBI Director James Comey faces Indictment · The Ben Ferguson Podcast

• 0:01
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  Speaker 3: Actually, you're listening to the forty seven Morning Update with
• 0:23
  Speaker 3: Ben ferguson.
• 0:24
  Speaker 1: Good Friday morning. Nice to have you with us on
• 0:26
  Speaker 1: the forty seven Morning Update. And there's one big story
• 0:29
  Speaker 1: coming out of the White House, and that is this.
• 0:31
  Speaker 1: The former FBI director James Comy has been indicted on
• 0:36
  Speaker 1: two major counts. He could spin up to five years
• 0:40
  Speaker 1: in prison if he is convicted. So what is behind
• 0:44
  Speaker 1: these indictments and when did it actually happen. I'm gonna
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  Speaker 1: Smarter Metal Investing starts with them. It's the forty seven
• 3:10
  Speaker 1: Morning Update and it starts right now.
• 3:12
  Speaker 3: Story number one.
• 3:14
  Speaker 1: It is massive news. The former FBI director James Komy
• 3:18
  Speaker 1: has been indicted. And before I give you all those details,
• 3:22
  Speaker 1: a big question that the media is not talking about
• 3:26
  Speaker 1: is this, is there a history of James Komy leaking? Well,
• 3:31
  Speaker 1: that's what this whole indictment is about, leaking information to
• 3:35
  Speaker 1: the media and then lying about it. We know for
• 3:38
  Speaker 1: a fact that James Komy leaked records to Columbia professor
• 3:43
  Speaker 1: so it would hit the New York Times that prompted
• 3:47
  Speaker 1: the Russia Gate Special Council to be named. Yes, that
• 3:52
  Speaker 1: actually happened. He was trying to shop a story of
• 3:56
  Speaker 1: Russian collusion that the FBI had already described is user generated,
• 4:01
  Speaker 1: and he shopped it to the media to try to
• 4:04
  Speaker 1: induce a special counsel to go after Donald Trump. He
• 4:08
  Speaker 1: disclosed a memo we know to a professor at Columbia
• 4:11
  Speaker 1: Law School with a plan to have him share it
• 4:14
  Speaker 1: to the New York Times. This is just some of
• 4:17
  Speaker 1: the history of the corruption of James Comy. Well, now,
• 4:21
  Speaker 1: the former FBI director, James Comy has been indicted on
• 4:24
  Speaker 1: two counts, charges that were brought before the statue of
• 4:28
  Speaker 1: limitations expired. And this is a man who now wants
• 4:32
  Speaker 1: you to feel sorry for him, claiming that he's some
• 4:35
  Speaker 1: sort of persecuted political victim. Now, there's also a very
• 4:39
  Speaker 1: important back and forth between James Comy from about five
• 4:43
  Speaker 1: years ago with Senator Ted Cruz. You may have seen
• 4:47
  Speaker 1: it or heard it already, but Senator Cruz and I
• 4:51
  Speaker 1: set down to talk about just how important that back
• 4:53
  Speaker 1: and forth could be. And here's part of our conversation.
• 4:57
  Speaker 1: All right, So, Senator I want to start with this clip,
• 5:00
  Speaker 1: and I think this is a great starting point for
• 5:03
  Speaker 1: this indictment of the former REPBI director James Comy. This
• 5:07
  Speaker 1: is you questioning Comy back in September of twenty twenty.
• 5:13
  Speaker 1: This is the back and forth between the two of you.
• 5:16
  Speaker 1: Everyone listening, This is really an important part of history
• 5:20
  Speaker 1: now and going to probably be an important part of
• 5:21
  Speaker 1: this case.
• 5:23
  Speaker 2: To another topic. On May third, twenty seventeen, in this committee,
• 5:28
  Speaker 2: Chairman Grassley asked you, point blank, quote, have you ever
• 5:32
  Speaker 2: been an anonymous source in news reports about matters relating
• 5:36
  Speaker 2: to the Trump investigation of the Clinton investigation? You responded
• 5:39
  Speaker 2: under oath quote never. He then asked you, quote, have
• 5:44
  Speaker 2: you ever authorized someone else at the FBI to be
• 5:47
  Speaker 2: an anonymous source in news reports about the Trump investigation
• 5:51
  Speaker 2: or the Clinton administration? You responded again under oath no. Now,
• 5:56
  Speaker 2: as you know, mister McCabe who works for you as
• 5:59
  Speaker 2: public life and repeatedly stated that he leaked information to
• 6:04
  Speaker 2: the Wall Street Journal and that you were directly aware
• 6:06
  Speaker 2: of it and that you directly authorized it. Now, what
• 6:11
  Speaker 2: mister McCabe is saying and what you testify to this
• 6:15
  Speaker 2: committee cannot both be true. One or the other is false.
• 6:19
  Speaker 2: Who's telling the truth.
• 6:21
  Speaker 4: I can only speak to my testimony. I stand by
• 6:23
  Speaker 4: what the testimony you summarized that I gave in May
• 6:26
  Speaker 4: of twenty seventeen.
• 6:27
  Speaker 2: So your testimony is you've never authorized anyone to leak,
• 6:31
  Speaker 2: and mister mccab if he says contrary, is not telling
• 6:34
  Speaker 2: the truth. Is that correct?
• 6:35
  Speaker 4: Again, I'm not going to characterize Andy's testimony, but mine
• 6:38
  Speaker 4: is the same.
• 6:39
  Speaker 2: Today, all right, I'm going to make a final point
• 6:41
  Speaker 2: because my time has expired. This investigation of the president
• 6:45
  Speaker 2: was corrupt. The FBI and the Department of Justice were
• 6:48
  Speaker 2: politicized and weaponized. And in my opinion, there are only
• 6:51
  Speaker 2: two possibilities that you were deliberately corrupt or wilfully incompetent,
• 6:57
  Speaker 2: and I don't believe you were incompetent. This has done
• 7:01
  Speaker 2: severe damage to the professionals and the honorable men and
• 7:05
  Speaker 2: women at the FBI because law enforcement should not be
• 7:08
  Speaker 2: used as a political weapon.
• 7:11
  Speaker 1: All right, So you listen to that, and then you'll
• 7:13
  Speaker 1: look at the indictment. Count one false statement to the
• 7:17
  Speaker 1: US Senate that he had not quote authorized someone else
• 7:20
  Speaker 1: of the FBI to be an anonymous news source. Count
• 7:23
  Speaker 1: two call me obstructed the Senate Judiciary Committee's investigation through
• 7:28
  Speaker 1: his quote false and misleading statements. That is a big
• 7:32
  Speaker 1: smoking gun.
• 7:34
  Speaker 2: Well it is. It's the basis of the indictment, and
• 7:36
  Speaker 2: this will be the central focus of the trial. Now,
• 7:41
  Speaker 2: James Comy put out a statement tonight on Instagram, and
• 7:44
  Speaker 2: his statement is striking in that it is a political statement.
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  Speaker 2: It is not a statement about the facts of the law.
• 7:50
  Speaker 2: So give a listen to what James Comby said this
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  Speaker 2: evening in response to the indictment.
• 7:55
  Speaker 4: My family and I have known for years that there
• 7:57
  Speaker 4: are costs to standing up to Donald trum but we
• 8:01
  Speaker 4: couldn't imagine ourselves living any other way. We will not
• 8:05
  Speaker 4: live on our knees and you shouldn't either. Somebody that
• 8:10
  Speaker 4: I love dearly recently said that fear is the tool
• 8:14
  Speaker 4: of a tyrant, and she's right. But I'm not afraid,
• 8:19
  Speaker 4: and I hope you're not either. I hope instead you
• 8:22
  Speaker 4: are engaged, You are paying attention, and you will vote
• 8:27
  Speaker 4: like your beloved country depends upon it, which it does.
• 8:32
  Speaker 4: My heart is broken for the Department of Justice, but
• 8:36
  Speaker 4: I have great confidence in the federal judicial system, and
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  Speaker 4: I'm innocent, So let's have a trial.
• 8:43
  Speaker 1: I love how he is a victim there and acting
• 8:47
  Speaker 1: like he's above all of this. But center, let's just
• 8:50
  Speaker 1: go back to three point thirty of twenty three, James
• 8:54
  Speaker 1: Comy tweeted out, quote, it's been a good day. That
• 8:59
  Speaker 1: is how I reacted it Trump being indicted in the
• 9:01
  Speaker 1: Alvin Bragg hush money case. So to act like he's
• 9:04
  Speaker 1: some sort of guy that's above all this. Look at
• 9:06
  Speaker 1: his own words.
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  Speaker 2: Well, his statement he put out in response to this,
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  Speaker 2: that could have been given by Chuck Schumer, Nancy Pelosi
• 9:13
  Speaker 2: or Keen Jeffries or any other political Democrat. And in
• 9:17
  Speaker 2: fact he makes a call come out and vote. It's
• 9:20
  Speaker 2: a get out the vote message. This is a former
• 9:23
  Speaker 2: director of the FBI. But to give you a sense
• 9:25
  Speaker 2: of just how much he loathes Donald Trump, this is
• 9:29
  Speaker 2: a former director of the FBI who tweeted out to
• 9:31
  Speaker 2: the world a picture of shells spelling out eighty six
• 9:36
  Speaker 2: forty seven, in other words, slang for kill the current
• 9:39
  Speaker 2: president of the United States, Donald Van Trump. To say,
• 9:42
  Speaker 2: calling for the murder of the sitting president is not
• 9:45
  Speaker 2: appropriate for the former FBI director in an ordinary time,
• 9:49
  Speaker 2: that would be such an obvious statement that no one
• 9:53
  Speaker 2: would even think to say it. But that's just how
• 9:56
  Speaker 2: much James Comy loathes Donald Trump. And understand and when
• 10:02
  Speaker 2: Trump became president, the first time. In January of twenty seventeen,
• 10:07
  Speaker 2: President Trump unfortunately made a serious mistake, which is he
• 10:11
  Speaker 2: left James Comy in office. In hindsight, on January twentieth,
• 10:15
  Speaker 2: twenty seventeen, President Trump should have called James Comy and
• 10:19
  Speaker 2: said thank you for your service to the nation. Your
• 10:21
  Speaker 2: services are no longer required. I am certain President Trump
• 10:25
  Speaker 2: wishes he had done that. I think the White House
• 10:28
  Speaker 2: team believed that Komy could focus on law enforcement, could
• 10:32
  Speaker 2: not be politicized, and that assumption proved to be in error.
• 10:38
  Speaker 2: James Comy presided over weaponizing and politicizing the FBI. He
• 10:43
  Speaker 2: was part of weaponizing and politicizing the Department of Justice,
• 10:47
  Speaker 2: and it was because they hated Donald Trump, and frankly,
• 10:52
  Speaker 2: they were angry at the American people for electing him
• 10:54
  Speaker 2: in twenty sixteen, and so the FBI set out to
• 10:59
  Speaker 2: try to attack and to try to ultimately remove from
• 11:03
  Speaker 2: office the President of the United States. Now, again this
• 11:07
  Speaker 2: should not bear saying, but it is not the job
• 11:12
  Speaker 2: of law enforcement to determine the will of the voters.
• 11:15
  Speaker 2: Is wrong, and the elected president should no longer be president.
• 11:19
  Speaker 2: But that's what Comy presided over. And so when I
• 11:21
  Speaker 2: listened to him say I weep for the Department of Justice.
• 11:25
  Speaker 2: It really is. You know, there's a Yiddish word hootspot.
• 11:28
  Speaker 2: And I got to say, James Comy really ought to
• 11:30
  Speaker 2: have a T shirt with that printed on it because
• 11:34
  Speaker 2: he is grieving for the Department of Justice. Why because
• 11:38
  Speaker 2: he has been indicted for what I think is clearly
• 11:41
  Speaker 2: a felony. And we're going to break down in just minutes,
• 11:44
  Speaker 2: why exactly this is a felony, what the crime is?
• 11:47
  Speaker 2: And I want to point out nowhere in his statement
• 11:51
  Speaker 2: does Comy get into the actual facts. Nowhere in the
• 11:54
  Speaker 2: statement does he get into what he did in Nowhere
• 11:56
  Speaker 2: in the statement does he get into law. He just
• 11:59
  Speaker 2: gives up political statement. He will not be on his knees.
• 12:02
  Speaker 2: He calls Trump a tyrant who was ruling by fear. Look,
• 12:06
  Speaker 2: this is an indictment that was returned by a grand
• 12:09
  Speaker 2: jury in the Commonwealth of Virginia, and it was returned
• 12:13
  Speaker 2: because of I believe clear evidence demonstrating Comy committed felonies.
• 12:19
  Speaker 1: Senator, I want to bring up a point that no
• 12:22
  Speaker 1: one in the media has brought up so far about
• 12:26
  Speaker 1: this indictment, and I brought it up on CNN, and
• 12:29
  Speaker 1: they were like all deer in headlights, there is something
• 12:33
  Speaker 1: about this case. And they were saying, oh, this is
• 12:35
  Speaker 1: just political retribution by Donald Trump that clearly they weren't
• 12:40
  Speaker 1: going to bring this case. He had to fire the
• 12:42
  Speaker 1: person in charge of this office in Virginia, had to
• 12:45
  Speaker 1: put in somebody that would weaponize the DOJ. Here's the
• 12:49
  Speaker 1: fact that most people don't know. James Comy's own son
• 12:54
  Speaker 1: in law was literally inside the prosecutor's office that was tasked.
• 13:00
  Speaker 1: Just think about this with indicting his father in law.
• 13:04
  Speaker 1: And so when you sit there and I look at this,
• 13:06
  Speaker 1: I'm like, man, the deep state got together to protect
• 13:09
  Speaker 1: James Comy at all costs. And as soon as the
• 13:12
  Speaker 1: indictment came out later in the day, James Comy's son
• 13:16
  Speaker 1: in law then gave his resignation letter because I guess
• 13:19
  Speaker 1: he just couldn't stop what was inevitable.
• 13:22
  Speaker 2: Well, and look, I think what should govern this case
• 13:25
  Speaker 2: is the facts and the law. And I believe James
• 13:28
  Speaker 2: Comy should have been indicted five years ago. And indeed
• 13:31
  Speaker 2: I called upon him to be indicted five years ago.
• 13:34
  Speaker 2: So let me lay out the facts. And in December
• 13:36
  Speaker 2: of twenty twenty. So the questioning that we played in
• 13:39
  Speaker 2: the first segment was from September thirtieth of twenty twenty.
• 13:42
  Speaker 2: And by the way, the reason the indictment was brought
• 13:45
  Speaker 2: right now is the statute limitations was going to run
• 13:48
  Speaker 2: next week, and so they had to bring it before
• 13:50
  Speaker 2: the end of the statute limitations or they would not
• 13:52
  Speaker 2: be able to charge him. But on December tenth of
• 13:55
  Speaker 2: twenty twenty, here's the letter that I sent to Bill Barr,
• 13:59
  Speaker 2: then Thettorney General of the United States and Christopher Ray,
• 14:03
  Speaker 2: who was then the director of the FBI. Days before
• 14:08
  Speaker 2: the presidential election in twenty sixteen, a Wall Street Journal
• 14:11
  Speaker 2: article quoted an anonymous source confirming the existence of a
• 14:15
  Speaker 2: probe into Hillary Clinton's use of a private email server
• 14:19
  Speaker 2: while serving as Secretary of State, an investigation that up
• 14:23
  Speaker 2: to that point, mister Comy and the FBI declined to confirm.
• 14:27
  Speaker 2: We now know that this leak was authorized by then
• 14:31
  Speaker 2: Deputy Director of the FBI Andrew McCabe. Mister McCabe initially
• 14:36
  Speaker 2: told FBI agents under oath that he did not authorize
• 14:39
  Speaker 2: the leak and he did not know who did, but
• 14:42
  Speaker 2: when confronted later with contrary evidence, he confessed both to
• 14:46
  Speaker 2: knowing about and authorizing the leak. We do not know, however,
• 14:53
  Speaker 2: whether and to what extent then FBI Director Comy was
• 14:57
  Speaker 2: aware of and authorized this leak after the fact. Mister
• 15:01
  Speaker 2: Komy has repeatedly stated, I'm sorry. Mister McCabe has repeatedly
• 15:06
  Speaker 2: stated that mister Komy knew of and effectively authorized the
• 15:10
  Speaker 2: leak by approving it. He told the Office of Inspector
• 15:14
  Speaker 2: General that quote, he and Komy discussed the October thirtieth
• 15:18
  Speaker 2: Wall Street Journal article in person on October thirty first,
• 15:21
  Speaker 2: twenty sixteen, and that at that meeting, quote, he told
• 15:26
  Speaker 2: Comy that he had authorized ad slash OPA and Special
• 15:31
  Speaker 2: Council to disclose the account of the August twelfth call
• 15:35
  Speaker 2: and did not say anything in any way to suggest
• 15:39
  Speaker 2: that it was unauthorized. According to mister McCabe, mister Komy
• 15:44
  Speaker 2: quote did not react negatively, just kind of accepted it
• 15:48
  Speaker 2: and quote thought it was a good idea that they
• 15:53
  Speaker 2: presented this information to the media. He again reiterated mister
• 15:57
  Speaker 2: Comy's involvement at a hearing last month at the Senate
• 16:00
  Speaker 2: Judiciary Committee. I asked mister McCabe, according to the Washington Times,
• 16:06
  Speaker 2: April eighteenth, twenty eighteen. Mister McCabe insisted that he told
• 16:10
  Speaker 2: his boss that he had authorized disclosure about the Clinton investigation,
• 16:15
  Speaker 2: but mister Comy has denied this claim, and mister McCabe
• 16:19
  Speaker 2: told investigators that mister Comy knew he had authorized disclosure
• 16:23
  Speaker 2: and agreed it was a good idea. Is that accurate?
• 16:28
  Speaker 2: Is that your testimony to this committee? Mister McCabe replied,
• 16:33
  Speaker 2: that is my recollection. Mister Comy, however, has sworn under
• 16:38
  Speaker 2: oath that he has neither authorized the leak nor knew
• 16:41
  Speaker 2: of mister McCabe's involvement. At a May twenty seventeenth hearing
• 16:45
  Speaker 2: before the Senate Judiciary Committee, Senator Grassley asked, mister Comy,
• 16:50
  Speaker 2: have you ever been an anonymous source in news reports
• 16:53
  Speaker 2: about matters relating to the Trump investigation or the Clinton investigation.
• 16:58
  Speaker 2: Mister Comy replied never. Senator Grassley then asked, have you
• 17:04
  Speaker 2: ever authorized someone else at the FBI to be an
• 17:07
  Speaker 2: anonymous source in news reports about the Trump investigation or
• 17:11
  Speaker 2: the Clinton administration? He testified no. And this October that
• 17:17
  Speaker 2: a Senate Judiciary Committee hearing, mister Komy testified in response
• 17:21
  Speaker 2: to my questioning quote. I stand by the testimony that
• 17:25
  Speaker 2: you summarized that I gave in May of twenty seventeen.
• 17:29
  Speaker 2: Mister Komy's denial in front of the Senate is consistent
• 17:32
  Speaker 2: with his statement to the OIG. He told the OIG
• 17:36
  Speaker 2: that quote, he recalled seeing this article, but he did
• 17:40
  Speaker 2: not know how the disclosure about the paidag call in
• 17:43
  Speaker 2: the October thirtieth article happened. He said that he was
• 17:47
  Speaker 2: quote very concerned about that part of the article. Komy
• 17:52
  Speaker 2: told OIG he considered the disclosure about the paidag's call
• 17:55
  Speaker 2: problematic because it related the sensitive FBI information. The OIG
• 18:01
  Speaker 2: report continues, quote, according to Kmy, he discussed the issue
• 18:06
  Speaker 2: with mccab after the article was published, and at the
• 18:09
  Speaker 2: time mccab quote definitely did not tell me that he
• 18:14
  Speaker 2: authorized the disclosure of the paidag call. Comy said that
• 18:18
  Speaker 2: mccab gave him the exact opposite impression. Mister Comy asserted
• 18:23
  Speaker 2: that he took from whatever communication they had that mister
• 18:26
  Speaker 2: McCabe wasn't involved in the leak. And here's what's critical.
• 18:31
  Speaker 2: Mister Kmy and mister McCabe's statements are irreconcilently contradictory. Mister
• 18:38
  Speaker 2: mccab says that he told mister Comy of the leak
• 18:40
  Speaker 2: and that mister Komy approved, effectively authorizing the leak after
• 18:45
  Speaker 2: the fact. Mister Comy, on the other hand, has said
• 18:48
  Speaker 2: that he neither authorized the leak nor knew of mister
• 18:51
  Speaker 2: McCabe's involvement. One of them is lying under oath a
• 18:56
  Speaker 2: federal crime eighteen USC. Section sixteen twenty one. The American
• 19:01
  Speaker 2: people deserve to know who those are the facts, and
• 19:06
  Speaker 2: it is a simple binary choice. Either James Comy lied
• 19:12
  Speaker 2: under oath and committed to felony, or Andrew McCabe lied
• 19:16
  Speaker 2: under oath or committed to felony. Because what they said
• 19:18
  Speaker 2: is precisely opposite. There is not a world in which
• 19:21
  Speaker 2: neither of them committed a felony. And the only choice
• 19:24
  Speaker 2: is which one broke the law by bringing this indictment. Obviously,
• 19:28
  Speaker 2: the Department of Justice has determined it was James Comy
• 19:33
  Speaker 2: who lied under oath and broke the law, and that's
• 19:35
  Speaker 2: what the trial will be all about.
• 19:37
  Speaker 1: All right, senat So here's what I've been hearing on
• 19:41
  Speaker 1: online from the media. They're like, hey, Donald Trump weighed
• 19:44
  Speaker 1: in on this too. Much, they're gonna get this thing
• 19:46
  Speaker 1: kicked out before it even goes to a judge. This
• 19:49
  Speaker 1: is a waste of the American taxpayer's dollars. And then
• 19:52
  Speaker 1: if that's noted up, they say, well, no one ever
• 19:55
  Speaker 1: gets indicted and they actually go forward and get a
• 19:58
  Speaker 1: conviction on someone in line to Congress because well, a
• 20:00
  Speaker 1: lot of people lie to Congress. And even if you
• 20:02
  Speaker 1: did lie, it may have been a mistake. It's gonna
• 20:04
  Speaker 1: be very hard to get a conviction. Break down how
• 20:07
  Speaker 1: this could roll out in court, what could happen.
• 20:10
  Speaker 2: Well, at the end of the day, the factual predicate
• 20:13
  Speaker 2: behind this crime is not terribly complicated. As I mentioned,
• 20:17
  Speaker 2: there's a direct contradiction between James Comey's testimony under oath
• 20:21
  Speaker 2: before the Senate and Andrew McCabe's testimony under oath before
• 20:25
  Speaker 2: the Senate. They cannot both be true. One or the
• 20:29
  Speaker 2: other is deliberately lying, And how do we know which
• 20:33
  Speaker 2: one is likely to be lying? Well, the FBI, in
• 20:36
  Speaker 2: all likelihood, possesses the information that confirms who's telling the
• 20:40
  Speaker 2: truth and who's lying. Indeed, if you look at the
• 20:45
  Speaker 2: account of what occurred, mckab initially told the same lie
• 20:50
  Speaker 2: that Komy did. Mckayb initially said he didn't link the information,
• 20:54
  Speaker 2: he didn't authorize it, and he didn't know who did.
• 20:57
  Speaker 2: But then the FBI All Inspector General confronted him with
• 21:03
  Speaker 2: contrary evidence. I don't know what the contrary evidence is,
• 21:05
  Speaker 2: but they put in front of him, mister McCabe, you
• 21:08
  Speaker 2: said you didn't leak this information. Well boom, here's the
• 21:11
  Speaker 2: evidence to the contrary And what did McCabe do. Oh crap,
• 21:14
  Speaker 2: you got me. Okay, you're right, I leaked it. I'm
• 21:18
  Speaker 2: the one who did it, and I talked to Comy
• 21:21
  Speaker 2: about it. I told him about it. So he admitted
• 21:23
  Speaker 2: that when he was caught in a lie. I don't
• 21:26
  Speaker 2: know specifically what confirming evidence the FBI and the Department
• 21:32
  Speaker 2: of Justice has, but they have enough that they caused
• 21:36
  Speaker 2: McCabe to reverse his first lie and instead to say, yes,
• 21:40
  Speaker 2: he did it, and Comy knew about it. And so
• 21:43
  Speaker 2: between the two, you know, it was interesting. When I
• 21:46
  Speaker 2: was questioning Comy, he said a couple of times, well,
• 21:50
  Speaker 2: I'm not going to characterize, as he put it, Andy's testimony. Well,
• 21:53
  Speaker 2: I get politically, that's a smart move not to characterize
• 21:56
  Speaker 2: Andy's testimony but you know what, his entire legal defense
• 22:00
  Speaker 2: is going to be, McCabe is lying because he doesn't
• 22:03
  Speaker 2: have an alternative. That's his only argument is when McCabe said,
• 22:07
  Speaker 2: under oath, good point that I know about it. Comy's
• 22:11
  Speaker 2: defense team is going to have to say McCabe was lying.
• 22:14
  Speaker 2: And by the way, mcab is going to be the
• 22:15
  Speaker 2: star witness at the prosecution. The prosecution is going to
• 22:20
  Speaker 2: put Andy McCabe on the stand and he's going to
• 22:23
  Speaker 2: ask them did you leak it? Now, I'm going to
• 22:27
  Speaker 2: predict Andy McCabe is going to say, yes, did you
• 22:31
  Speaker 2: talk to James Comy about it? Yes? Did he authorize it? Yes?
• 22:36
  Speaker 2: And the reason I'm going to predict he's going to
• 22:38
  Speaker 2: do all of that is because Andy McCabe testified to
• 22:40
  Speaker 2: that in front of Congress, and if he gives any
• 22:43
  Speaker 2: other answer, he'll be indicted for lying to Congress. So
• 22:48
  Speaker 2: he can't have it both ways. And I expect that
• 22:52
  Speaker 2: that Comy's lawyer will try to cross examine him and
• 22:55
  Speaker 2: we'll try to argue McCabe is lying. But it's very
• 22:59
  Speaker 2: difficult to see what I mcabe would have any incentive
• 23:01
  Speaker 2: to lie. He and Comy were thickest thieves. He was
• 23:06
  Speaker 2: only forced to admit the truth when confronted with contrary evidence. Again,
• 23:12
  Speaker 2: we don't know what that evidence is, but presumably the
• 23:15
  Speaker 2: FBI and the Department of Justice do so. I don't
• 23:17
  Speaker 2: know if it is contemporaneous phone calls, perhaps with the reporters.
• 23:21
  Speaker 2: I don't know if it is notes. I don't know
• 23:23
  Speaker 2: if it's emails. I don't know if it's testimony from
• 23:26
  Speaker 2: someone else at the FBI who said, hey, Andrew McCabe
• 23:29
  Speaker 2: told me to do this. But it is something, and
• 23:32
  Speaker 2: it was something that was compelling enough that it caused
• 23:37
  Speaker 2: Andrew McCabe to abandon line number one, and and so
• 23:41
  Speaker 2: at the end of the day, this is not a
• 23:44
  Speaker 2: complicated factual case. This is not some grand tapestry. It's
• 23:48
  Speaker 2: a he said, he said, she said. But you have
• 23:54
  Speaker 2: both testimonies under oath, and it's going to be a
• 23:56
  Speaker 2: question of what additional evidence is there to confirm who's
• 24:00
  Speaker 2: telling the truth and who's not. I also think I
• 24:02
  Speaker 2: will be surprised if James Comy's lawyer puts him on
• 24:08
  Speaker 2: the stand. Now, under our justice system, the prosecution cannot
• 24:13
  Speaker 2: force a defendant to testify. But I'm going to predict
• 24:17
  Speaker 2: James Comy is not going to take the stand because
• 24:20
  Speaker 2: if he takes the stand, he can be cross examined,
• 24:24
  Speaker 2: and he does not want to be cross examined, because
• 24:26
  Speaker 2: this is someone who presided over weaponizing the Department of
• 24:32
  Speaker 2: Justice with the objective of taking out Donald J. Trump
• 24:36
  Speaker 2: and getting under oath, getting cross examined by a skilled
• 24:40
  Speaker 2: trial attorney, and again under oath. By the way, if
• 24:42
  Speaker 2: he lies in his trial testimony, he can be indicted
• 24:45
  Speaker 2: and prosecuted again for lying under oath. Again, I don't
• 24:48
  Speaker 2: think his lawyer will do that. And so at the
• 24:52
  Speaker 2: end of the day, look, the press is going to
• 24:54
  Speaker 2: go on and on and say, well, Trump hates James Comy.
• 24:57
  Speaker 2: That is certainly true. But being hated by the president
• 25:01
  Speaker 2: is not enough to exonerate you from criminal conduct. And
• 25:04
  Speaker 2: in this instance, I believe Comy should have been indicted
• 25:08
  Speaker 2: five years ago because it was clear he had deliberately
• 25:12
  Speaker 2: lied to Congress. And look, we started by playing my
• 25:15
  Speaker 2: cross examination. This wasn't an absent minded lie. This wasn't oh,
• 25:21
  Speaker 2: I'm not paying attention. This was careful, This was deliberate,
• 25:25
  Speaker 2: this was strategic, this was planned. I believe this was
• 25:29
  Speaker 2: James Comy saying, I face no accountability whatsoever. I can
• 25:32
  Speaker 2: lie under oath and no one's going to hold me
• 25:35
  Speaker 2: to account. And I think he feels he feels clever,
• 25:39
  Speaker 2: but he also feels vindicated. Listen, James Comy was someone
• 25:43
  Speaker 2: who I think fancied himself as j Edgar Hoover. He
• 25:47
  Speaker 2: fancied himself as as an incredibly powerful director of the FBI,
• 25:53
  Speaker 2: empowered to remove the tyrant. That's what he said in
• 25:57
  Speaker 2: his statement tonight that he thinks Trump is a tyrant.
• 26:01
  Speaker 2: And I think when the American people elected him in
• 26:04
  Speaker 2: twenty sixteen, I think Comy was angry and he decided
• 26:08
  Speaker 2: he would use the power of the FBI to remove
• 26:11
  Speaker 2: the president elected by the people. And so I think
• 26:14
  Speaker 2: it is quite fitting that he is facing accountability for
• 26:18
  Speaker 2: committing criminal conduct. Let me repeat, this indictment is not
• 26:23
  Speaker 2: for being an opponent of Donald Trump. It is not
• 26:26
  Speaker 2: for being a political political figure on the other side
• 26:30
  Speaker 2: of Donald Trump. This indictment is for deliberately and knowingly
• 26:35
  Speaker 2: lying under oath to the United States Senate, which is
• 26:38
  Speaker 2: a clear and unmistakable felony. And I think Comy, I
• 26:43
  Speaker 2: think the odds are good that comy will be convicted,
• 26:47
  Speaker 2: and I think if he's convicted, I think he's going
• 26:49
  Speaker 2: to serve jail time.
• 26:51
  Speaker 1: How much of it very quickly? Of his past we'll
• 26:54
  Speaker 1: come back to haunt him. He is a prolific guy
• 26:57
  Speaker 1: when it comes to leaking, he's a pro at. It's
• 26:59
  Speaker 1: not damages. He knows how to leak. Hell, he leaked
• 27:02
  Speaker 1: information that was apparently classified to make sure that there
• 27:05
  Speaker 1: was a special counsel that went after Donald Trump. We
• 27:09
  Speaker 1: know that for a fact. And it went to one
• 27:11
  Speaker 1: of his former law friends at a university that then
• 27:14
  Speaker 1: went to a newspaper. That is a fact. Will that
• 27:17
  Speaker 1: come up? And then the other question I have for
• 27:18
  Speaker 1: you quickly is this, will the testimony that the gay
• 27:21
  Speaker 1: before Congress be used in court or literally? Will senators
• 27:25
  Speaker 1: that interviewed him, would you guys go to court or
• 27:27
  Speaker 1: would they just use the testimony video?
• 27:30
  Speaker 2: Yeah, I think they would use the testimony. They would
• 27:32
  Speaker 2: read or play the testimony. I don't think you're going
• 27:34
  Speaker 2: to see senators testifying and the record is clear and objective,
• 27:39
  Speaker 2: and so everyone knows exactly what his testimony was. In
• 27:43
  Speaker 2: terms of his past pattern, I think it could certainly
• 27:45
  Speaker 2: come in the prosecution might try to bring it in
• 27:49
  Speaker 2: to establish a pattern. That would be difficult. But I
• 27:52
  Speaker 2: think if Comey's lawyer argues, well, he couldn't possibly have
• 27:56
  Speaker 2: approved this, he never would have approved a leak, then
• 27:59
  Speaker 2: I think the problem secution would be able to get
• 28:01
  Speaker 2: all of that in as rebuttal to the defendant's argument.
• 28:05
  Speaker 2: So I think it's more likely to come in as
• 28:06
  Speaker 2: rebuttal evidence than directly proving a pattern. But my guess
• 28:11
  Speaker 2: is one way or another that evidence is going to
• 28:14
  Speaker 2: come in, and you're right, there's a clear pattern. Comy
• 28:16
  Speaker 2: has a long pattern of relying on media leaks to
• 28:19
  Speaker 2: advance his own.
• 28:19
  Speaker 3: Personal gen Thank you for listening to the forty seven
• 28:22
  Speaker 3: Morning Update with Ben Ferguson. Please make sure you hit
• 28:26
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• 28:30
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• 28:33
  Speaker 3: Ferguson podcast and we will see you back here tomorrow