Will Comey Get His Day In Court?

TOP LINE

As we go to press, former FBI Director James Comey’s arraignment is scheduled for October 9 in the Eastern District of Virginia.  Comey is charged with allegedly lying to congress over his role in media leaks about FBI cases as well as obstructing a congressional investigation.

The timing of Comey’s arraignment is on a collision course with the US government shutdown.   His high profile prosecution also comes as public trust in legacy media hits new lows.

There is credible, independent evidence that Comey played an outsized role in undermining public confidence in the FBI and Justice Department, the same institutions that he was charged with protecting.

While it is not standard practice in federal cases to release a booking photo or mugshot, and perp walks are rare, if the Comey prosecution proceeds it could prove to be an exception to the rule.

Whatever happens in Comey’s case, the process can be seen as part of the punishment.

DEEP DIVE

With Republicans and Democrats still at a budget impasse, it is entirely likely the US government will remain closed into next week.  Fortunately, the Federal Courts have a reserve, a kind of “Break The Glass” fund that is available for such emergencies.

According to its official website, the federal courts can operate through Friday October 17 by accessing these funds.  However, if the shutdown continues and these reserves are exhausted, something called the “Anti-Deficiency Act”  kicks in.  The Act finances the courts as they draw down to skeletal operations.

So it’s possible we could get Comey’s arraignment but the legal process that follows may hit some speed bumps.   In addition, there are questions about the validity of interim US Attorney Lindsey Halligan’s appointment and whether she had the authority to sign the indictment. Irregularities in her appointment could make the charges invalid, and the statute of limitations has already run out.

This case is the exception to the rule in more ways than one.

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GALLUP POLL: TRUST IN LEGACY MEDIA AT ALL TIME LOW

A Gallup Poll released last week showed Americans’ trust in legacy media at an all time low with only 28% expressing a “great deal” or “fair amount” of trust in traditional media outlets “to report the news fully, accurately and fairly.”   The poll also found for the first time that confidence among Republican voters was down to single digits, just 8%.

According to Gallup, when they first assessed trust in the 1970s, between “68% and 72% of Americans expressed confidence in reporting.”  As a reporter who has covered every FBI Director since 9/11, it is not surprising that confidence in legacy media has recently cratered.

In 2016, during the contentious presidential election between then candidate Trump and candidate Clinton, Comey was at the heart of many decisions that divided the country.  

In July 2016, Comey convened reporters for an incredible public statement.  He had gone around his boss, then Attorney General Loretta Lynch, and announced that charges were not warranted for Clinton’s mishandling of classified information.      

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