The BREAK GLASS Moment: Andrew Weissmann on the James Comey Indictment

The "Break Glass" Moment for Justice

• ⚠️ The indictment of James Comey represents a "break glass moment" for American democracy and the rule of law, signaling a potential weaponization of the Department of Justice (DOJ).
• 🚨 This situation is compared to historical abuses of power, like those under Nixon or Hoover, but is considered a step far beyond due to the direct targeting of political opponents.
• 🎯 The core concern is a president's ability to "snap his fingers" and initiate prosecutions, using the DOJ as a "loaded gun" to enforce compliance.

Unprecedented Political Interference

• 🏛️ The prosecution is seen as politically motivated, stemming from Donald Trump's long-standing demands for James Comey's prosecution after Comey refused to "bend the knee."
• 🚫 A Trump loyalist US attorney was replaced by an "unqualified insurance attorney" after refusing to bring the case, indicating a disregard for legal facts and norms.
• ✍️ The indictment was signed by a political novice, not career prosecutors, and the US attorney presented the case to the grand jury, which is highly unusual and raises concerns about proper procedure.

Flaws in the Indictment

• 🔍 The indictment itself is "bare bones," lacking clarity on the specific "false statement" alleged and how it relates to obstruction.
• ❌ A grand jury refused to return a true bill on one count, an unusual occurrence that suggests a lack of probable cause for part of the proposed charges.
• 💡 A key legal challenge is proving intentional falsehood, as merely saying something wrong or forgetting details is not a crime; it requires a deliberate lie.

Legal Hurdles for the Prosecution

• 🕵️ The alleged discrepancy between Comey and McCabe regarding authorization of an "anonymous source" is contradicted by an Inspector General report, which states McCabe did not claim Comey authorized it.
• 💬 The term "anonymous source" itself is ambiguous, having different meanings in journalism versus law enforcement, making the charge unclear and difficult to prove beyond a reasonable doubt.
• ⚖️ Career prosecutors typically adhere to DOJ guidelines requiring a "lively prospect" of conviction beyond a reasonable doubt, a standard far higher than the grand jury's probable cause.

Defense Strategy and Potential Pushback

• 🚀 James Comey's defense team might pursue a speedy trial, a strategy that suggests they believe the government's case is weak and cannot meet the high standard of proof.
• 🏛️ Judges and juries serve as crucial checks, with grand juries already showing pushback by rejecting one count, indicating that the system can resist politically motivated prosecutions.
• 🇺🇸 This situation is part of a broader pattern of "autocratic actions" by the administration, but the American legal system, including judges and jurors, can ultimately push back against such abuses.