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Prosecutors face high hurdles in winning Comey conviction

3 11
01.10.2025

Voices on the left and the right are questioning the strength of former FBI Director James Comey's federal indictment, arguing prosecutors will be challenged in winning a conviction.

Comey was indicted Thursday on two counts, with a grand jury taking the unusual step of rejecting one of the proposed charges before approving the two-page indictment.

The slim court filing has sparked criticism across the spectrum on whether the Justice Department can prevail in a case targeting one of President Trump’s top political foes.

“It's quite weak,” Barbara McQuade, a former U.S. attorney whom former President Obama appointed, told The Hill.

Andy McCarthy, a conservative legal commentator whom Trump has cited in past social media posts, penned a column in National Review on Monday that argued the false statement charge against Comey is “so ill-conceived that the longer one analyzes it, the worse it gets.”

“The indictment is inadequately pled and factually without foundation. It should be dismissed,” McCarthy wrote.

A brief court hearing revealed the grand jury that heard the Comey evidence was highly divided on the charges it approved, barely exceeding the 12 votes needed to bring charges. Only 14 of the 23 jurors approved charges for making false statements to Congress and another for obstruction of a congressional proceeding.

McQuade referenced a number of issues, including that the indictment was brought after Trump publicly called for criminal charges as his team forced out a longtime prosecutor who was skeptical about bringing the case. Trump........

© The Hill