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00:00execution um it's a non-starter but it doesn't even really matter so much tonight because even

00:09james comey recognizes that the individual case against him is far less important than the damage

00:17this is doing and has done to the department of justice the the rule of law in america

00:24so much depends on the rule of law businesses everything depends and this puts that all in

00:32question and let me explain a little bit why right you may think oh well you know james comey went after

00:38donald trump so this is you know turnabout is fair play the problem is how are you ever going to know

00:47whether an investigation by the fbi an investigation by the department of justice

00:52is legitimate or is corrupt it taints every single case that the department of justice brings

01:00that the fbi investigates because you have the president united states ordering his attorney

01:05general to indict a political adversary traditionally since watergate there are clear norms that protect

01:13against the white house and the president from influencing any criminal individual criminal case

01:20they have completely broken down and that but that's not even enough here to explain how serious it is

01:28i'm sure my friend ellie will get into the significance of the fact that there was actually

01:35a rejection of an indictment on the third count which is almost unheard of and if evan is right that

01:42there were only 14 grand jurors who supported this indictment you need to have 16 to have a quorum

01:47which means that at least two voted not to indict him all you you can indict as the the story goes a

01:55ham sandwich he they could not even indict jim james comey and that's a probable cause standard that's

02:00not beyond a reason i want to get to only a second but just there are probably a lot of you know people

02:05who are watching who don't like james comey who may be republican wherever they are on the political aisle

02:12who will say well look the biden administration went after donald trump raiding mar-a-lago getting

02:20classified documents to those people what do you say what is the difference here look the there was

02:27a detailed search warrant there was a long history in that case i understand there is a view that

02:33donald trump has perpetuated that he's the victim of some mass conspiracy to go after him

02:40the reality is there's no evidence of that it is just donald trump saying that and the difference

02:47here is i'm losing traffic to my competitors good thing i have some rush now i know who actually posted

02:54that i don't know if he knew intentionally posted that i mean i thought he was maybe writing a memo or

03:00something he's called her pam but the posted it's since been deleted that is clearly tainting in your

03:07opinion from a legal standpoint taking this this prosecution absolutely he says he has to be

03:12indicted he fired the it wasn't even enough for the u.s attorney to resign he had to clarify he

03:17fired him because he wouldn't charge comey he hires an insurance lawyer who uh was clearly brought in

03:25as his personal attorney for before just to indict him before the statute of limitations is up next week

03:30ellie so i've looked at this indictment uh it took me about 30 seconds to read it i mean it's a page and a

03:35couple lines and i find it deeply underwhelming in terms of what it presents when your producer

03:41handed it to me i said where's the indictment i thought this was just a cover sheet this is the

03:44whole thing let me try to lay out the facts that led to this indictment because it gets a little

03:48confusing but i think we can do it sort of step by step here the conduct goes back to october 2016.

03:54jim comey's director of the fbi andy mccabe is deputy director there's an ongoing fbi investigation

04:00of the clinton foundation now andy mccabe's wife at the time is running for office as a democrat in

04:05virginia and she's getting assistance and contributions from the clinton foundation

04:09mccabe was worried that there was a perception out there that the fbi was going light on the

04:14clinton foundation because of his wife and so mccabe authorizes other fbi agents to leak to the

04:21wall street journal that in fact the fbi is vigorously investigating the clinton foundation okay now

04:27we're going to come to the crux of this indictment this becomes a subject of a doj inspector general

04:32report and investigation in 2018. jim comey's account of that is i never knew that andy mccabe

04:40authorized that leak i never told him he could authorize that leak and he comey said i had the

04:44strong impression i confronted andy mccabe and mccabe denied to me that he'd authorized the leak or

04:48had anything to do with it okay so that's comey's story mccabe's story is yes i authorized the leak

04:56and after that a day after that i told comey i had authorized the leak so it all comes down to

05:02did comey authorize the leak or not it's essentially going to come down to jim comey's word against

05:07andy mccabe's word i don't know who to believe out of the two of them wait if mccabe said after

05:12yes and here's the thing this is this is the crazy thing about it it's mccabe's word against comey's

05:19word but in this same report the doj inspector general concluded that mccabe lacked candor so now

05:26these prosecutors are going to say mccabe is the truth teller but mccabe mccabe is saying not that

05:32comey pre-authorized him to leak it's mccabe says he leaked and then he told comey about it mccabe's

05:39story isn't isn't what uh let's play can we play the ted cruz questioning of comey again if we have

05:48that so well i know yeah cruz asks cruz says to comey you said two things one you jim comey said

05:59you never leaked and you said you did not authorize the leak and that is what comey testified to and so

06:04that's comey's story but but but the story is he he he authorized it okay let's just let's just play

06:09this yep on may 3rd 2017 in this committee chairman grassley asked you point blank quote have you ever

06:20been an anonymous source in news reports about matters relating to the trump investigation or

06:25the clinton investigation you responded under oath quote never now as you know mr mccabe who works for you

06:32has publicly and repeatedly stated that he leaked information to the wall street journal and that

06:39you were directly aware of it and that you directly authorized it now what mr mccabe is saying and what

06:47you testified to this committee cannot both be true one or the other is false who's telling the truth

06:55i can only speak to my testimony i stand by what the testimony you summarized that i gave in may of 2017

07:01your testimony is you've never authorized anyone to leak and mr mccabe when if he says contrary is

07:07not telling the truth is that correct again i'm not going to characterize andy's testimony but mine is

07:12the same today fundamentally there's a major flaw here which is that this false statements count is

07:21predicated on ted cruz's summary of andy mccabe's testimony if as ellie says mccabe's testimony was

07:30different than what cruz said and in fact he did testify that he authorized that he told comey the

07:37day after he actually did the leak well of course comey couldn't have authorized it beforehand and so

07:44that will essentially nullify any argument that this is a false statement not to mention all the other

07:50requirements of materiality to the investigation etc but they're basing this on a summary of mccabe's

07:57testimony not on mccabe's testimony um congressman thank you for being here um ellie we're going to

08:02come back to you shortly right now i want to turn to minnesota democratic senator amy klobuchar she was

08:06a law school classmate of comey's joins us by phone you were in the 2020 judiciary committee hearing

08:12that spurred this indictment what is your reaction i'm going to get a little out of the weeds here

08:18because of course uh we don't know all the details of what was presented but i look at it this way

08:24anderson trump ordered this prosecution i'm sure he ordered it behind closed doors but he also ordered

08:31it right there on true social he fired the u.s attorney who is a according to senator warner a staunch

08:39conservative who looked at all the evidence wasn't moving forward with charges and he fired him and then

08:47installed a white house aid to overrule career prosecutors that is what i need to know because

08:54this is simply dangerous and you can see this through line um with this one thing after a number

09:02he calls for prosecution of leticia james he calls for the prosecution and investigation of the federal

09:10reserve member lisa cook calls goes after adam schiff pardoned insurrectionists who attacked police

09:17officers pressured prosecutors to dismiss a corruption case against eric adams he is literally weaponizing

09:26the justice department the supreme court has basically said the president can do what he wants that

09:34he has sweeping immunity are you saying he's done something illegal or impeachable because prior to

09:39this indictment coming down you said quote when prosecutors um when prosecute essentially that when

09:45prosecutors stand up uh you know they need to be representing the the the the united states and they

09:52need to be independent correct what i'm saying is i'm not getting into who's liable for what what i'm saying

09:59is they are there is a clear through line that everyone sees where he is going after people that

10:06he doesn't like or who have said things that he doesn't like or who have done things to him in the

10:11past and these that is why this is so troubling for the justice system and you are going to see in the

10:18coming days this just happened line prosecutors that are going to say what hagan scotten scotten said the guy

10:26who quit uh before he did what they wanted him to do in the eric adams case and this is a former

10:33justice roberts and kavanaugh clerk and he said this he said i expect you will eventually find someone

10:40who is enough of a fool or enough of a coward to file your motion but it was never going to be me that

10:46is basically what eric siebert was saying when he resigned instead of following the orders of the white

10:53house and there has always been this line and i was a former prosecutor and yes went to law school

11:01with jim comey and we learned this okay we learned that when you represent the united states you do it

11:09as representing the united states and i asked pam bonnie about this in her confirmation hearing

11:14you don't do it as representing the president of the united states that is the line that they are crossing

11:19new reporting from cns caitlin collins that former fbi director james comey is expected to surrender

11:25tomorrow morning on two federal charges that's according to two people familiar with the matter

11:29the charges center on senate testimony in 2020 about leaks two years prior in a cnn town hall i spoke with

11:35comey on the subject of leaks to be clear this is not related to the current charges but it is a window

11:41into his thinking on the subject certainly back then here's some of that conversation

11:44you did leak memos i mean is it okay for somebody at the fbi to leak something an internal document

11:52even if it's not classified isn't that leaking well there's a whole lot wrong with your question

11:55anderson first i didn't leak memos i asked a friend to communicate the substance of one

12:00unclassified whether you can i finish for a second okay one unclassified memo to the media

12:05and i was really important i was a private citizen i was not an fbi employee but it was an internal

12:10document it was a document you had written while you were fbi director that that is a lee i mean

12:14if you tell somebody don't give them the document but tell them what's in the document that's still

12:18a leak no well not to get tangled up in it i think of a leak as an unauthorized disclosure of

12:23classified information really that's it that's that's how i thought about as fbi director we

12:28investigated leaks so unauthorized disclosures in your memo when you said uh that when the president

12:33said he was eager to find leakers and would like to nail one to the door as a message

12:36i said that shouldn't you be nailed to the door then i mean aren't you a leak aren't you a leaker

12:42i mean you you gave up a document that was released to the new york times information from that document

12:47released the new york times i know you say it's not classified but you're plenty of people leak

12:52non-classified information reporters and the white house and the fbi gets upset about it fbi gets upset

12:58when people make unauthorized disclosures of protected information there was nothing protected about

13:02this it wasn't classified it wasn't privileged so when you also it's also in my book so when you

13:07were fbi director if somebody on your team had given uh had given a friend documents that they were

13:14writing that that you were involved with and said oh you could just tell the new york times what's in

13:18this document you wouldn't have had a problem with that well depending on what was in the document

13:23but even if it wasn't protected information was it investigative information was it classified

13:27information was a grand jury information so i i guess i'm surprised that you only

13:32think leaks officially a leak is something that's classified yeah the reason i hesitate is that's

13:37how i think about it as a matter as a lawyer and as the director of the fbi in practice the term gets

13:42applied to a broad range of things so i totally get it i intentionally gave this information to a friend

13:47intending that it be out in the media i wanted it to get out in the media right as a private citizen

13:52i could do that and did that just as i've written about it in my book and just be clear what he was

13:58talking about it has nothing to do with uh what he is being charged with here this is a completely

14:04separate situation ellie honig is back joining us as former former federal judge shira schenlin

14:09former federal prosecutor jessica roth former press secretary for the 2016 clinton presidential

14:15campaign brian fallon and former trump campaign advisor david urban

LIVE | Ex-FBI Director James Comey To Face Arrest, Indicted On Two Federal Charges | Politics | N18G #News

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