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