Department of Justice prosecutors are likely hunting for additional evidence that former FBI director James Comey lied to Congress – as experts claim the historic case against him is far too weak to secure a conviction.
Mike Davis, former chief counsel for Sen. Chuck Grassley (R-Iowa) and Trump ally, told The Post Friday that he believes federal prosecutors are likely to bring additional allegations against Comey, who was charged Thursday with lying to Congress and obstruction of justice.
“I imagine there will be a superseding indictment on this case, and I’m pushing very hard for the Crossfire Hurricane investigation to get moving,” Davis said.
The indictment against Comey was handed up days before the expiration of the five-year statute of limitations to charge him in connection with his Sept. 30, 2020, testimony before the Senate Judiciary Committee.
Former FBI Director James Comey was indicted on two counts for allegedly lying to and obstructing Congress. @Comey via Instagram/AFP via Getty ImagesSecured by acting US Attorney for the Eastern District of Virginia Lindsey Halligan, the indictment is founded on a statement by Comey’s former deputy, Andrew McCabe, who told the Justice Department inspector general’s office Comey told McCabe it was “good” that he had passed information to The Wall Street Journal for an Oct. 30, 2016, article on a pending investigation of the Clinton Foundation.
“The case was strong enough for the grand jury to indict,” said Davis, who worked at the Justice Department during the George W. Bush administration.
“Comey clearly lied twice. He lied in 2017 to Grassley. He lied again in 2020 to Ted Cruz, and this is just the beginning of Comey’s legal troubles.”
But Davis acknowledged there will still be difficulties for the prosecution in the deep blue Virginia jurisdiction, with proceedings overseen by a Biden-appointed judge, Michael Nachmanoff.
Legal skeptics of the case said it’s possible evidence exists showing Comey deliberately misled Congress, but noted that there are other clear issues with the case — including the fact that a memo drafted by prior US Attorney Erik Siebert opposing charges against Comey may be admitted as evidence of vindictive prosecution and be coupled with Trump’s public denunciations of Comey.
McCabe’s testimony also stated Comey approved of the Clinton Foundation leak after the fact, rather than sanctioning it ahead of time.
McCabe was fired by then-Attorney General Jeff Sessions in 2018 due to the inspector general report’s allegation that he repeatedly “lacked candor” with Comey and other officials.
Comey’s former deputy Andrew McCabe told the Justice Department inspector general’s office that Comey told him it was “good” that he had passed information to the Wall Street Journal for an Oct. 30, 2016, article. Getty Images“Andrew McCabe, if it goes to trial and he testifies for the government, he will be eviscerated,” said Gene Rossi, who worked nearly 20 years as an assistant US attorney in the Eastern District of Virginia.
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“If they go to trial — if it gets that far and it’s not killed or dismissed because of vindictive and selective prosecution, facts for which are abundant — they have got a proof problem at trial,” said Rossi, who worked with Comey while he, too, worked as an EDVA prosecutor from 1996 to 2001.
Former federal prosecutor Neama Rahmani predicted of the Trump DOJ: “I think they lose this case,” noting, “If the DOJ cared about this leak, they would have prosecuted it during the first Trump administration.”
President Trump described the indictment as “justice,” but legal experts say a conviction will be difficult. Getty Images
Acting US Attorney Lindsey Halligan secured the indictment Thursday after taking over the Alexandria-based office. APComey told Congress in 2017 that he “never” was an anonymous source about investigations into President Trump and Hillary Clinton, and “no,” he had not authorized subordinates to be anonymous sources for journalists about those two investigations.
Former US Attorney Erik Seibert says he resigned this month after producing a memo against charging Comey. Trump says he was fired. APComey told Sen. Ted Cruz (R-Texas) at a September 2020 Senate Judiciary hearing that “I stand by the [2017] testimony” — refreshing the five-year statute of limitations for false testimony and setting a Sept. 30, 2025, deadline to bring charges.
McCabe said he “did not recall discussing the disclosure with Comey in advance of authorizing it, although it was possible that he did,” according to the IG’s report in April 2018, which quoted Comey as saying McCabe “definitely” did not tell him about the leak.
The case centers on Comey’s denials of leaking or authorizing leaks to Sen. Ted Cruz (R-Texas). Getty Images“The director and the deputy director of the FBI are the only two FBI officials who have the authority and the responsibility to authorize the release of information to the media,” McCabe told the Senate Judiciary Committee in November 2020.






