In a column in the conservativeNational Review, Fox News contributor and legal analyst Andy McCarthy says that President Donald Trump's Department of Justice indictment of former FBI Director James Comey is so devoid of facts that it should be tossed.
Comey was indicted by a federal grand jury on charges of making false statements to Congress and obstructing a congressional proceeding related to his handling of the FBI's investigation into Russian election interference and Hillary Clinton's emails.
Comey has said he is innocent and ready to go on trial, one which many legal experts predict will be found in his favor.
McCarthy's column, titled “With More Scrutiny, the Trump DOJ Indictment of Comey Gets Worse,” says that the case against Comey “is so ill-conceived that the longer one analyzes it, the worse it gets."
”It is incoherently drafted, such that it fails to fulfill an indictment’s constitutional purpose,"McCarthy adds.
McCarthy, an assistant U.S. attorney for the Southern District of New York who led the 1995 terrorism prosecution for the 1993 World Trade Center bombing, analyzed the Comey case and came to the same conclusion as his colleagues on all sides of the aisle.
“There is no way the government could prove beyond a reasonable doubt that Senator [Ted] Cruz was asking Comey about someone other than [former FBI deputy director Andrew] McCabe, much less that Comey understood that Cruz was doing so and willfully lied about it," he explains.
"To summarize, there is no provable false-statements case against Comey," McCarthy writes.
After telling Fox News correspondent Molly Line last week that the case should never have been brought in the first place, McCarthy doubled down, saying, “The indictment is inadequately plead and factually without foundation. It should be dismissed."
