11/20/2025
So I have heard and seen a lot of "internet talk," on the Comey case, and so called "experts" claiming these irregularities are an easy fix. Whether you like the President or not, that is not the point of this post. The point of this post is to educate people on the system, as well as pointing out why you want to hire a lawyer who actually knows the area of law you are hiring them for.
I suggest you listen to the real lawyers. I am going to go past the "selective prosecution," issue for this post, as I do not think the Court is ever going to get there. This is because federal courts have long been banned from advisory opinions, and are not supposed to engage in them. Given the serious procedural mistakes, I do not think the Court will need to get there.
Comey was charged on Sept. 25, 2025, the Statute of Limitations (SOL) for his charges expired on September 30, 2025. As long as the case is open, they can continue the prosecution. Many Jurisdictions actually filed complaints against "A Person who matches this DNA profile," to prevent sexual assault cases from running SOL. However, if for ANY lawful reason the case gets dismissed AFTER the SOL has run, then the case is gone forever. (ex. the Judge cant say I want to go home early, therefore, I am dismissing my afternoon calendar).
A Federal Grand Jury is as many as 23 people, 16 of a quorum (to actually do work) and at least 12 to vote on an indictment. SO when a US Atty asks for a 3 count indictment, and the Jurors, say no, we find only 2, the prosecutor needs to get a new indictment, with the two counts, and it must be approved by at least 12 jurors. Even typos will cause a new indictment to be typed up. The indictment is the formal charging document and is required under the 5th Amendment. Yesterday, it was conceded by AUSA Halligan that there were only 2 members of the grand jury present to vote on the new indictment. Comey's lawyers objected as there are timelines to get an indictment from the grand jury. That is a fairly big problem.
Additionally, At the Grand Jury Proceeding, Ms. Halligan acting US Atty. essentially said that Mr. Comey had the ability to come here to testify and did not. That is a clear violation of the 5th Amendment, is not the law, and seriously taints the entire process. Add in that apparently the US Government got some specious warrants that would violate Attorney Client privilege, and included them in the presentation really does not bode well for the government in this case.
All in all, I do not see this case lasting much longer. Whether you support the POTUS or not, experience is always cheaper second hand. Do not hire a lawyer to do a job they have no experience in.
It is why we only handle Criminal and Family law matters here.
A U.S. judge on Wednesday repeatedly questioned the validity of the grand jury indictment of former FBI Director James Comey secured by a prosecutor closely aligned with President Donald Trump in the latest signal that the charges may be dismissed before trial.
