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James Comey, John Brennan under investigation
Former CIA Director John Brennan and former FBI Director James Comey are under criminal investigations for possible false statements to Congress. Dan Gerl, managing attorney at Next Law joins LiveNOW's Josh Breslow to discuss the details of the investigation.
The Justice Department is reportedly planning to ask a grand jury to indict former FBI Director James Comey for allegedly lying to Congress, two sources told The Associated Press.
The sources told the AP federal prosecutors are nearing a legal deadline for bringing charges.
Why is DOJ trying to charge James Comey?
What we know:
Prosecutors have been weighing whether Comey lied to lawmakers during his Sept. 30, 2020, testimony related to the investigation into ties between Russia and President Donald Trump's 2016 presidential campaign.
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The five-year statute of limitations for bringing a case would be next Tuesday, but the Justice Department is expected to seek an indictment before a grand jury before then, the AP reports.
FILE: U.S. President Donald Trump, left, shakes hands with James Comey, director of the Federal Bureau of Investigation (FBI), during an Inaugural Law Enforcement Officers and First Responders Reception in the Blue Room of the White House in Washingt …
If prosecutors are successful in obtaining an indictment, Comey would become the first former senior government official to face prosecution in connection with one of the president’s chief grievances — the long-concluded investigation into Russia’s election interference that Trump and his supporters have long derided as a "hoax" and "witch hunt" despite multiple government reviews showing Moscow meddled on his campaign’s behalf in 2016.
What we don't know:
It’s not clear what statements to Congress prosecutors may be focused on, or whether prosecutors believe they have a strong case.
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Comey's lawyer declined to comment Wednesday and said he had not heard any updates from the Justice Department.
Big picture view:
Trump has appealed to Attorney General Pam Bondi to charge Comey and a host of other perceived political enemies. The push to move forward comes even as prosecutors detailed in a memo concerns about proceeding with seeking an indictment, one of the people said.
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Comey, who was fired as FBI director by Trump months into his first administration, has long been a top target for Trump supporters seeking retribution. In a social media post Saturday night, Trump complained directly to Bondi that she had not yet brought charges against Comey.
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Prosecutor Maurene Comey fired by Justice Department
Maurene Comey, daughter of former FBI director James Comey and a seasoned federal prosecutor, has been fired by the Justice Department. She had been involved in high-profile cases, including those against Sean "Diddy" Combs and Jeffrey Epstein.
Any criminal case would almost certainly deepen concerns that the Justice Department under Bondi, a Trump loyalist, is being weaponized as it pursues investigations of public figures the president regards as his adversaries.
The White House has moved in recent months to exert control in unprecedented ways over a Justice Department that has historically enjoyed independence in prosecutorial decision-making.
The backstory:
Prosecutors in the first Trump Justice Department declined to prosecute Comey following an inspector general review into his handling of memos documenting his conversations with Trump in the weeks before he was fired. He also was not charged by a special counsel, John Durham, who scrutinized the FBI's handling of the Trump-Russia investigation and was conducting his inquiry at the time Comey gave his testimony.
What's next:
Officials are hoping to file the case in the Eastern District of Virginia after Trump replaced the office's top prosecutor with a White House aide who had served as one of his personal lawyers.
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A grand jury would have to approve any indictment. Grand jury indictments are typically a low bar when it comes to bringing formal charges, but the Trump Justice Department has faced repeated setbacks in recent months, particularly in pursuing charges related to Trump's law enforcement intervention in Washington, D.C.
The Source: This report includes information from The Associated Press.