WEBVTT - James Comey Indicted!

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<v Speaker 1>Former FBI director James Combing. He's in serious trouble, indicted

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<v Speaker 1>now on two counts, and the charges that have been

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<v Speaker 1>brought against him are significant. It also comes from a

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<v Speaker 1>hearing that happened in front of Judiciary Center. Ted Cruz

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<v Speaker 1>is going to be a very important part of this

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<v Speaker 1>entire case because of the questioning of James Comber about

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<v Speaker 1>five years ago. Now, why is this happening now? The

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<v Speaker 1>statue of limitations is running out? And is it going

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<v Speaker 1>to actually be a case where James Comby could go

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<v Speaker 1>to jail? But first I want to talk to you

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<v Speaker 1>Patriotmobile dot com slash ferguson or nine to seven to

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<v Speaker 1>two Patriot. I want you to hear what Senata Cruz

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<v Speaker 1>had to say as we sat down and talked about this.

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<v Speaker 1>Take a listen, all right, So, Senator, I want to

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<v Speaker 1>start with this clip, and I think this is a

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<v Speaker 1>great starting point for this indictment of the former FBI

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<v Speaker 1>director James Comey. This is you questioning Comy back in

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<v Speaker 1>September of twenty twenty. This is the back and forth

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<v Speaker 1>between the two of you. Everyone listening. This is really

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<v Speaker 1>an important part of history now and going to probably

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<v Speaker 1>be an important part of this case.

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<v Speaker 2>To another topic. On May third, twenty seventeen, in this committee,

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<v Speaker 2>Chairman Grassley asked you point blank quote, have you ever

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<v Speaker 2>been an anonymous source in news reports about matters relating

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<v Speaker 2>to the Trump investigation of the Clinton investigation. You responded

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<v Speaker 2>under oath quote never. He then asked you, quote, have

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<v Speaker 2>you ever authorized someone else at the FBI to be

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<v Speaker 2>an anonymous source in news reports about the Trump investigation

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<v Speaker 2>or the Clinton administration? You responded again under oath No. Now,

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<v Speaker 2>as you know, mister McCabe, who works for you as

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<v Speaker 2>publicly and repeatedly stated that he leaked information to the

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<v Speaker 2>Wall Street Journal and that you were a directly aware

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<v Speaker 2>of it and that you directly authorized it. Now, what

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<v Speaker 2>mister McCabe is saying and what you testified to this

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<v Speaker 2>committee cannot both be true. One or the other is false.

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<v Speaker 2>Who's telling the truth?

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<v Speaker 3>I just can only speak to my testimony. I stand

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<v Speaker 3>by what the testimony you summarized that I gave in

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<v Speaker 3>May of twenty seventeen.

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<v Speaker 2>So your testimony is you've never authorized anyone to leak.

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<v Speaker 2>And mister mccab if he says contrary, is not telling

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<v Speaker 2>the truth. Is that correct?

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<v Speaker 3>Again, I'm not going to characterize Andy's testimony, but mine

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<v Speaker 3>is the same.

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<v Speaker 2>Today, all right, I'm going to make a final point

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<v Speaker 2>because my time has expired. This investigation of the president

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<v Speaker 2>was corrupt. The FBI and the Department of Justice were

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<v Speaker 2>politicized and weaponized, and in my opinion, there are only

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<v Speaker 2>two possibilities that you were deliberately corrupt or willfully incompetent,

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<v Speaker 2>and I don't believe you were incompetent. This has done

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<v Speaker 2>severe damage to the professionals and the honorable men and

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<v Speaker 2>women at the FBI, because law enforcement should not be

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<v Speaker 2>used as a political weapon.

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<v Speaker 1>All right, So you listen to that, and then you'll

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<v Speaker 1>look at the indictment. Count one false statement to the

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<v Speaker 1>US Senate that he had not quote authorized someone else

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<v Speaker 1>of the FBI to be an anonymous news source. Count two,

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<v Speaker 1>call me obstructed the Senate Judiciary Committee's investigation through his

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<v Speaker 1>quote false and misleading statements. That is a big smoking gun.

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<v Speaker 2>Well it is. It's the basis of the indictment and

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<v Speaker 2>this will be the central focus of the trial. Now.

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<v Speaker 2>James Comy put out a statement tonight on Instagram, and

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<v Speaker 2>his statement is striking in that it is a political statement.

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<v Speaker 2>It is not a statement about the facts of the law.

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<v Speaker 2>So give a listen to what James Comby said this

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<v Speaker 2>evening in response to the indictment.

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<v Speaker 3>My family and I have known for years that there

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<v Speaker 3>are costs to standing up to Donald Trump, but we

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<v Speaker 3>couldn't imagine ourselves living any other way. We will not

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<v Speaker 3>live on our knees, and you shouldn't either. Somebody that

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<v Speaker 3>I love dearly recently said that fear is the tool

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<v Speaker 3>of a tyrant, and she's right. But I'm not afraid,

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<v Speaker 3>and I hope you're not either. I hope instead you

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<v Speaker 3>are engaged, You are paying attention, and you will vote

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<v Speaker 3>like your beloved country depends upon it, which it does.

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<v Speaker 3>My heart is broken for the Department of Justice, but

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<v Speaker 3>I have great confidence in the federal judicial system, and

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<v Speaker 3>I'm innocent, So let's have a trial.

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<v Speaker 1>I love how he is a victim there and acting

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<v Speaker 1>like he's above all of this. But center, let's just

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<v Speaker 1>go back to three point thirty of twenty three. James

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<v Speaker 1>Comy tweeted out, quote, it's been a good day. That

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<v Speaker 1>is how I reacted to trumping and died in the

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<v Speaker 1>Alvin Bragg hush money case. So to act like he's

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<v Speaker 1>some sort of guy that's above all this, look at

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<v Speaker 1>his own words.

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<v Speaker 2>Well, his statement he put out in response to this

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<v Speaker 2>that could have been given by Chuck Schumer, Nancy Pelosi,

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<v Speaker 2>or Keing, Jeffries, or any other political Democrat, and in fact,

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<v Speaker 2>he makes a call come out and vote. It's a

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<v Speaker 2>get out the vote message. This is a former director

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<v Speaker 2>of the FBI. But to give you a sense of

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<v Speaker 2>just how much he loathes Donald Trump, this is a

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<v Speaker 2>former director of the FBI who tweeted out to the

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<v Speaker 2>world a picture of shells spelling out eighty six forty seven,

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<v Speaker 2>in other words, slang for kill the current President of

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<v Speaker 2>the United States, Donald J. Trump. To say, calling for

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<v Speaker 2>the murder of the sitting president is not appropriate for

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<v Speaker 2>the former FBI director. In an ordinary time, that would

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<v Speaker 2>be such an obvious statement that nobody would even think

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<v Speaker 2>to say it. But that's just how much James Comy

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<v Speaker 2>loathes Donald Trump. And understand. When Trump became president the

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<v Speaker 2>first time in January of twenty seventeen, President Trump unfortunately

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<v Speaker 2>made a serious mistake, which is he left James Comy

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<v Speaker 2>in office. In hindsight, on January twentieth, twenty seventeen, President

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<v Speaker 2>Trump should have called James Comy and said thank you

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<v Speaker 2>for your service to the nation. Your services are no

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<v Speaker 2>longer required. I am certain President Trump wishes he had

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<v Speaker 2>done that. I think the White House team believed that

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<v Speaker 2>Komy could focus on law enforcement could not be politicized,

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<v Speaker 2>and that assumption proved to be in error. James Comy

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<v Speaker 2>presided over weaponizing and politicizing the FBI. He was part

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<v Speaker 2>of weaponizing and politicizing the Department of Justice. And it

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<v Speaker 2>was because they hated Donald Trump, and frankly, they were

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<v Speaker 2>angry at the American people for electing him in twenty sixteen,

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<v Speaker 2>and so the FBI set out to try to attack

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<v Speaker 2>and to try to ultimately remove from office the President

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<v Speaker 2>of the United States. Now, again this should not bear saying,

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<v Speaker 2>but it is not the job of law enforcement to

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<v Speaker 2>determine the will of the voters. Is wrong, and the

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<v Speaker 2>elected president should no longer be president. But that's what

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<v Speaker 2>Comy presided over. And so when I listen to him

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<v Speaker 2>say I weep for the Department of Justice, it really is.

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<v Speaker 2>You know, there's a Yiddish word, hootspot. And I got

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<v Speaker 2>to say, James Comy really ought to have a T

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<v Speaker 2>shirt with that printed on it, because he is grieving

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<v Speaker 2>for the Department of Justice. Why because he has been

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<v Speaker 2>indicted for what I think is clearly a felony, and

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<v Speaker 2>we're going to break down in just minutes, Why exactly

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<v Speaker 2>this is a felony, what the crime is. And I

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<v Speaker 2>want to point out nowhere in his statement does Comy

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<v Speaker 2>get into the actual facts. Nowhere in the statement does

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<v Speaker 2>he get into what he did. Nowhere in the statement

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<v Speaker 2>does he get into the law. He just gives a

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<v Speaker 2>political statement. He will not be on his knees. He

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<v Speaker 2>calls Trump a tyrant who is ruling by fear. Look,

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<v Speaker 2>this is an indictment that was returned by a grand

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<v Speaker 2>jury in the Commonwealth of Virginia, and it was returned

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<v Speaker 2>because of I believe clear evidence demonstrating Comy committed felonies.

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<v Speaker 1>Senator, I want to bring up a point that no

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<v Speaker 1>one in the media has brought up so far about

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<v Speaker 1>this indictment. And I brought it up on CNN and

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<v Speaker 1>they were like all deer in headlights, there is something

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<v Speaker 1>about this case. And they were saying, Oh, this is

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<v Speaker 1>just political retribution by Donald Trump that clearly they weren't

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<v Speaker 1>going to bring this case. He had to fire the

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<v Speaker 1>person in charge of this office in Virginia, had to

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<v Speaker 1>put in somebody that would weaponize the DOJ.

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<v Speaker 4>Here's the fact that most people don't know.

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<v Speaker 1>James Comy's own son in law was literally inside the

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<v Speaker 1>prosecutor's office that was tasked.

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<v Speaker 4>Just think about this with indicting his father in law.

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<v Speaker 1>And so when you say it there and I look

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<v Speaker 1>at this, I'm like, man, the deep state got together

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<v Speaker 1>to protect James Comy at all costs.

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<v Speaker 4>And as soon as the indictment came out later in the.

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<v Speaker 1>Day, James Comy's son in law then gave his resignation

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<v Speaker 1>letter because I guess he just couldn't stop what was inevitable.

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<v Speaker 2>Well, and look, I think what should govern this case

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<v Speaker 2>is the facts and the law. And I believe James

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<v Speaker 2>Comy should have been indicted five years ago, and indeed

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<v Speaker 2>I called upon him to be indicted five years ago.

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<v Speaker 2>So let me lay out the facts and in December

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<v Speaker 2>of twenty twenty. So the questioning that we played in

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<v Speaker 2>the first segment was September thirtieth of twenty twenty. And

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<v Speaker 2>by the way, the reason the indictment was brought right

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<v Speaker 2>now is the statute limitations was going to run next

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<v Speaker 2>week and so they had to bring it before the

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<v Speaker 2>end of the statute limitations or they would not be

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<v Speaker 2>able to charge him. But on December tenth of twenty twenty,

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<v Speaker 2>here's the letter that I sent to Bill Barr, then

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<v Speaker 2>the Attorney General of the United States, and Christopher Ray,

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<v Speaker 2>who was then the director of the FBI. Days before

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<v Speaker 2>the presidential election in twenty sixteen, a Wall Street Journal

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<v Speaker 2>article quoted an anonymous source confirming the existence of a

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<v Speaker 2>probe into Hillary Clinton's use of a private email server

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<v Speaker 2>while serving as Secretary of State, an investigation that up

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<v Speaker 2>to that point, mister Comy and the FBI declined to confirm.

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<v Speaker 2>We now know that this leak was authorized by then

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<v Speaker 2>Deputy Director of the FBI, Andrew McCabe. Mister McCabe initially

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<v Speaker 2>told FBI agents under oath that he did not authorize

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<v Speaker 2>the leak and he did not know who did, but

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<v Speaker 2>when confronted later with contrary evidence, he confessed both to

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<v Speaker 2>knowing about and authorizing the leak. We do not know, however,

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<v Speaker 2>whether and to what extent then FBI Director Comy was

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<v Speaker 2>aware of and authorized this leak. After the fact, mister

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<v Speaker 2>Comy has repeatedly stated, I'm sorry. Mister McCabe has repeatedly

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<v Speaker 2>stated that mister komy knew of and effectively authorized the

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<v Speaker 2>leak by approving it. He told the Office of Inspector

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<v Speaker 2>General that quote he and Komy discussed the October thirtieth

0:13:12.600 --> 0:13:16.199
<v Speaker 2>Wall Street Journal article in person on October thirty first,

0:13:16.240 --> 0:13:21.120
<v Speaker 2>twenty sixteen, and that at that meeting, quote he told

0:13:21.200 --> 0:13:25.640
<v Speaker 2>Comy that he had authorized ad slash Opa and Special

0:13:25.679 --> 0:13:29.320
<v Speaker 2>Council to disclose the account of the August twelfth call

0:13:30.160 --> 0:13:33.600
<v Speaker 2>and did not say anything in any way to suggest

0:13:33.640 --> 0:13:38.320
<v Speaker 2>that it was unauthorized. According to mister McCabe, mister Komy

0:13:38.440 --> 0:13:42.480
<v Speaker 2>quote did not react negatively, just kind of accepted it,

0:13:43.080 --> 0:13:47.280
<v Speaker 2>and quote thought it was a good idea that they

0:13:47.360 --> 0:13:51.920
<v Speaker 2>presented this information to the media. He again reiterated mister

0:13:51.960 --> 0:13:54.880
<v Speaker 2>Comy's involvement at a hearing last month at the Senate

0:13:54.920 --> 0:13:59.560
<v Speaker 2>Judiciary Committee. I asked mister McCabe. According to The Washington

0:13:59.559 --> 0:14:04.800
<v Speaker 2>Times April eighteenth, twenty eighteen, mister McCabe insisted that he

0:14:04.840 --> 0:14:07.600
<v Speaker 2>told his boss that he had authorized disclosure about the

0:14:07.600 --> 0:14:13.080
<v Speaker 2>Clinton investigation, but mister Comy has denied this claim, and

0:14:13.160 --> 0:14:16.840
<v Speaker 2>mister McCabe told investigators that mister Comy knew he had

0:14:16.880 --> 0:14:20.440
<v Speaker 2>authorized disclosure and agreed it was a good idea. Is

0:14:20.800 --> 0:14:25.560
<v Speaker 2>that accurate? Is that your testimony to this committee? Mister

0:14:25.640 --> 0:14:31.960
<v Speaker 2>McCabe replied, that is my recollection. Mister Comy, however, has

0:14:32.000 --> 0:14:35.160
<v Speaker 2>sworn under oath that he has neither authorized the leak

0:14:35.280 --> 0:14:38.840
<v Speaker 2>nor knew of mister McCabe's involvement. At a May twenty

0:14:38.880 --> 0:14:43.000
<v Speaker 2>seventeenth hearing before the Senate Judiciary Committee, Senator Grassley asked,

0:14:43.040 --> 0:14:46.960
<v Speaker 2>mister Comy, have you ever been an anonymous source in

0:14:47.000 --> 0:14:50.720
<v Speaker 2>news reports about matters relating to the Trump investigation or

0:14:50.760 --> 0:14:58.000
<v Speaker 2>the Clinton investigation. Mister Comy replied never. Senator Grassley then asked,

0:14:58.520 --> 0:15:01.280
<v Speaker 2>have you ever authorized some someone else at the FBI

0:15:01.640 --> 0:15:04.120
<v Speaker 2>to be an anonymous source in news reports about the

0:15:04.120 --> 0:15:10.880
<v Speaker 2>Trump investigation or the Clinton administration? He testified no. And

0:15:11.000 --> 0:15:15.480
<v Speaker 2>this October that a Senate Judiciary Committee hearing, mister Komy testified,

0:15:15.520 --> 0:15:19.400
<v Speaker 2>in response to my questioning, quote, I stand by the

0:15:19.440 --> 0:15:22.000
<v Speaker 2>testimony that you summarized that I gave in May of

0:15:22.040 --> 0:15:26.360
<v Speaker 2>twenty seventeen. Mister Komy's denial in front of the Senate

0:15:26.440 --> 0:15:30.120
<v Speaker 2>is consistent with his statement to the OIG. He told

0:15:30.120 --> 0:15:34.440
<v Speaker 2>the OIG that quote, he recalled seeing this article, but

0:15:34.520 --> 0:15:37.320
<v Speaker 2>he did not know how the disclosure about the paidag

0:15:37.400 --> 0:15:41.680
<v Speaker 2>call in the October thirtieth article happened. He said that

0:15:41.720 --> 0:15:44.880
<v Speaker 2>he was quote very concerned about that part of the article.

0:15:45.880 --> 0:15:49.560
<v Speaker 2>Komy told OIG he considered the disclosure about the paidag's

0:15:49.600 --> 0:15:55.240
<v Speaker 2>call problematic because it related the sensitive FBI information. The

0:15:55.280 --> 0:16:00.200
<v Speaker 2>OIG report continues, quote according to Komy, he discover us

0:16:00.280 --> 0:16:03.200
<v Speaker 2>the issue with mccab after the article was published, and

0:16:03.280 --> 0:16:08.000
<v Speaker 2>at the time mccab quote definitely did not tell me

0:16:08.080 --> 0:16:12.320
<v Speaker 2>that he authorized the disclosure of the paidag call. Comy

0:16:12.360 --> 0:16:17.280
<v Speaker 2>said that mccab gave him the exact opposite impression. Mister

0:16:17.360 --> 0:16:20.440
<v Speaker 2>Comy asserted that he took from whatever communication they had

0:16:20.440 --> 0:16:24.280
<v Speaker 2>that mister mccab wasn't involved in the leak. And here's

0:16:24.320 --> 0:16:31.479
<v Speaker 2>what's critical. Mister Comy and mister McCabe's statements are irreconcilably contradictory.

0:16:32.240 --> 0:16:34.600
<v Speaker 2>Mister mccab says that he told mister Comy of the

0:16:34.680 --> 0:16:38.960
<v Speaker 2>leak and that mister Comy approved, effectively authorizing the leak

0:16:39.000 --> 0:16:42.400
<v Speaker 2>after the fact. Mister Comy, on the other hand, has

0:16:42.440 --> 0:16:45.120
<v Speaker 2>said that he neither authorized the leak nor knew of

0:16:45.200 --> 0:16:50.360
<v Speaker 2>mister McCabe's involvement. One of them is lying under oath

0:16:50.400 --> 0:16:55.040
<v Speaker 2>a Federal crime eighteen USC. Section sixteen twenty one. The

0:16:55.120 --> 0:17:00.400
<v Speaker 2>American people deserve to know who those are the facts,

0:17:01.040 --> 0:17:05.720
<v Speaker 2>and it is a simple binary choice. Either James Comy

0:17:06.320 --> 0:17:09.880
<v Speaker 2>lied under oath and committed to felony, or Andrew McCabe

0:17:10.240 --> 0:17:12.640
<v Speaker 2>lied under oath or committed to felony. Because what they

0:17:12.680 --> 0:17:15.320
<v Speaker 2>said is precisely opposite. There is not a world in

0:17:15.320 --> 0:17:18.160
<v Speaker 2>which neither of them committed a felony. And the only

0:17:18.320 --> 0:17:23.000
<v Speaker 2>choice is which one broke the law by bringing this indictment. Obviously,

0:17:23.000 --> 0:17:26.800
<v Speaker 2>the Department of Justice has determined it was James Comy

0:17:27.640 --> 0:17:30.040
<v Speaker 2>who lied under oath and broke the law, and that's

0:17:30.040 --> 0:17:31.480
<v Speaker 2>what the trial will be all about.

0:17:32.160 --> 0:17:32.840
<v Speaker 4>All right, Senator.

0:17:32.960 --> 0:17:36.840
<v Speaker 1>So here's what I've been hearing on online from the media.

0:17:36.840 --> 0:17:39.639
<v Speaker 1>They're like, hey, Donald Trump weighed in on this too much.

0:17:39.800 --> 0:17:41.760
<v Speaker 1>They're gonna get this thing kicked out before it even

0:17:41.760 --> 0:17:44.159
<v Speaker 1>goes to a judge. This is a waste of the

0:17:44.160 --> 0:17:48.720
<v Speaker 1>American taxpayer's dollars. And then if that's not enough, they say, well,

0:17:48.960 --> 0:17:52.080
<v Speaker 1>no one ever gets indicted and they actually go forward

0:17:52.119 --> 0:17:54.680
<v Speaker 1>and get a conviction on someone lying to Congress because well,

0:17:54.680 --> 0:17:56.560
<v Speaker 1>a lot of people lie to Congress, and even if

0:17:56.560 --> 0:17:58.080
<v Speaker 1>you did lie, it may have been a mistake. It's

0:17:58.080 --> 0:18:01.359
<v Speaker 1>gonna be very hard to get a conviction. Break down,

0:18:01.400 --> 0:18:03.960
<v Speaker 1>how this could roll out in court, what could happen?

0:18:04.920 --> 0:18:07.359
<v Speaker 2>Well, at the end of the day, the factual predicate

0:18:07.480 --> 0:18:11.159
<v Speaker 2>behind this crime is not terribly complicated. As I mentioned,

0:18:11.160 --> 0:18:15.680
<v Speaker 2>there's a direct contradiction between James Comey's testimony under oath

0:18:15.760 --> 0:18:19.879
<v Speaker 2>before the Senate and Andrew McCabe's testimony under oath before

0:18:19.920 --> 0:18:23.960
<v Speaker 2>the Senate. They cannot both be true. One or the

0:18:24.040 --> 0:18:27.600
<v Speaker 2>other is deliberately lying. And how do we know which

0:18:27.640 --> 0:18:30.960
<v Speaker 2>one is likely to be lying? Well, the FBI, in

0:18:31.040 --> 0:18:34.720
<v Speaker 2>all likelihood, possesses the information that confirms who's telling the

0:18:34.760 --> 0:18:39.200
<v Speaker 2>truth and who's lying. Indeed, if you look at the

0:18:39.280 --> 0:18:44.159
<v Speaker 2>account of what occurred, mckab initially told the same lie

0:18:44.359 --> 0:18:48.680
<v Speaker 2>that Komy did. Mckayb initially said he didn't leak the information. Yeah,

0:18:49.040 --> 0:18:51.240
<v Speaker 2>he didn't authorize it and he didn't know who did.

0:18:51.520 --> 0:18:56.600
<v Speaker 2>But then the FBI Office of Inspector General confronted him

0:18:57.040 --> 0:19:00.080
<v Speaker 2>with contrary evidence. I don't know what the contrary evidence is,

0:19:00.119 --> 0:19:02.639
<v Speaker 2>but they put in front of him, mister McCabe, you

0:19:02.640 --> 0:19:05.800
<v Speaker 2>said you didn't leak this information. Well, boom, here's the

0:19:05.840 --> 0:19:09.000
<v Speaker 2>evidence to the contrary And what did McCabe do oh crap,

0:19:09.040 --> 0:19:12.320
<v Speaker 2>you got me. Okay, you're right, I leaked it. I'm

0:19:12.359 --> 0:19:15.280
<v Speaker 2>the one who did it, and I talked to Comy

0:19:15.320 --> 0:19:17.800
<v Speaker 2>about it. I told him about it. So he admitted

0:19:17.840 --> 0:19:20.800
<v Speaker 2>that when he was caught in a lie. I don't

0:19:20.840 --> 0:19:26.760
<v Speaker 2>know specifically what confirming evidence the FBI in the Department

0:19:26.760 --> 0:19:30.280
<v Speaker 2>of Justice has, but they have enough that they caused

0:19:30.359 --> 0:19:34.840
<v Speaker 2>McCabe to reverse his first lie and instead to say, yes,

0:19:34.920 --> 0:19:37.879
<v Speaker 2>he did it, and Comy knew about it. And so

0:19:38.080 --> 0:19:40.600
<v Speaker 2>between the two, you know, it was interesting. When I

0:19:40.680 --> 0:19:44.000
<v Speaker 2>was questioning Comy, he said a couple of times, well,

0:19:44.200 --> 0:19:47.840
<v Speaker 2>I'm not going to characterize, as he put it, Andy's testimony. Well,

0:19:47.880 --> 0:19:50.720
<v Speaker 2>I get politically that's a smart move, not to characterize

0:19:50.760 --> 0:19:54.600
<v Speaker 2>Andy's testimony. But you know what, his entire legal defense

0:19:54.720 --> 0:19:57.120
<v Speaker 2>is going to be, McCabe is lying because he doesn't

0:19:57.160 --> 0:20:01.720
<v Speaker 2>have an alternative. That's his only argument is when McCabe said, under.

0:20:01.440 --> 0:20:04.000
<v Speaker 4>Oath, good point that I know about it.

0:20:05.280 --> 0:20:07.879
<v Speaker 2>Comy's defense team is going to have to say McCabe

0:20:08.000 --> 0:20:09.480
<v Speaker 2>was lying. And by the way, mccab is going to

0:20:09.520 --> 0:20:13.919
<v Speaker 2>be the star witness at the prosecution. The prosecution is

0:20:13.920 --> 0:20:17.480
<v Speaker 2>going to put Andy McCabe on the stand and he's

0:20:17.520 --> 0:20:21.600
<v Speaker 2>going to ask them, did you leak it? Now, I'm

0:20:21.600 --> 0:20:24.120
<v Speaker 2>going to predict Andy McCabe is going to say, yes,

0:20:25.359 --> 0:20:28.400
<v Speaker 2>did you talk to James Comy about it? Yes? Did

0:20:28.440 --> 0:20:31.520
<v Speaker 2>he authorize it? Yes? And the reason I'm going to

0:20:31.560 --> 0:20:33.160
<v Speaker 2>predict he's going to do all of that is because

0:20:33.160 --> 0:20:37.320
<v Speaker 2>Andy McCabe testified to that in front of Congress, and

0:20:37.359 --> 0:20:40.480
<v Speaker 2>if he gives any other answer, he'll be indicted for

0:20:40.560 --> 0:20:44.119
<v Speaker 2>lying to Congress. So he can't have it both ways.

0:20:45.040 --> 0:20:49.280
<v Speaker 2>And I expect that Comy's lawyer will try to cross

0:20:49.320 --> 0:20:52.760
<v Speaker 2>examine him, and we'll try to argue McCabe is lying.

0:20:52.800 --> 0:20:55.119
<v Speaker 2>But it's very difficult to see why McCabe would have

0:20:55.200 --> 0:20:59.200
<v Speaker 2>any incentive to lie. He and Comy were thick as thieves.

0:21:00.160 --> 0:21:04.840
<v Speaker 2>He was only forced to admit the truth when confronted

0:21:04.880 --> 0:21:07.760
<v Speaker 2>with contrary evidence. Again, we don't know what that evidence is,

0:21:08.200 --> 0:21:11.439
<v Speaker 2>but presumably the FBI and the Department of Justice do so.

0:21:11.520 --> 0:21:15.119
<v Speaker 2>I don't know if it is contemporaneous phone calls, perhaps

0:21:15.200 --> 0:21:17.399
<v Speaker 2>with the reporters. I don't know if it is notes.

0:21:17.400 --> 0:21:19.480
<v Speaker 2>I don't know if it's emails. I don't know if

0:21:19.520 --> 0:21:22.480
<v Speaker 2>it's testimony from someone else at the FBI. Who said, Hey,

0:21:22.880 --> 0:21:25.800
<v Speaker 2>Andrew McCabe told me to do this. But it is something,

0:21:26.960 --> 0:21:30.399
<v Speaker 2>and it was something that was compelling enough that it

0:21:30.600 --> 0:21:34.920
<v Speaker 2>caused Andrew McCabe to abandon line number one. And and

0:21:35.320 --> 0:21:37.760
<v Speaker 2>so at the end of the day, this is not

0:21:38.000 --> 0:21:42.400
<v Speaker 2>a complicated factual case. This is not some grand tapestry.

0:21:42.960 --> 0:21:47.600
<v Speaker 2>It's a he said, he said, she said. But you

0:21:47.800 --> 0:21:50.879
<v Speaker 2>have both testimonies under oath, and it's going to be

0:21:50.880 --> 0:21:53.879
<v Speaker 2>a question of what additional evidence is there to confirm

0:21:53.920 --> 0:21:56.720
<v Speaker 2>who's telling the truth and who's not. I also think

0:21:56.800 --> 0:22:02.040
<v Speaker 2>I will be surprised if James Comey's lawyer puts him

0:22:02.080 --> 0:22:06.600
<v Speaker 2>on the stand. Now, under our justice system, the prosecution

0:22:06.800 --> 0:22:11.560
<v Speaker 2>cannot force a defendant to testify. But I'm going to

0:22:11.600 --> 0:22:13.760
<v Speaker 2>predict James Comy is not going to take the stand

0:22:14.680 --> 0:22:18.280
<v Speaker 2>because if he takes the stand, he can be cross examined,

0:22:18.320 --> 0:22:21.040
<v Speaker 2>and he does not want to be cross examined, because

0:22:21.080 --> 0:22:26.760
<v Speaker 2>this is someone who presided over weaponizing the Department of

0:22:26.920 --> 0:22:30.120
<v Speaker 2>Justice with the objective of taking out Donald J. Trump

0:22:31.000 --> 0:22:34.280
<v Speaker 2>and getting under oath, getting cross examined by a skilled

0:22:34.320 --> 0:22:37.040
<v Speaker 2>trial attorney, and again under oath. By the way, if

0:22:37.080 --> 0:22:39.480
<v Speaker 2>he lies in his trial testimony, he can be indicted

0:22:39.480 --> 0:22:43.040
<v Speaker 2>and prosecuted again for lying under oath. Again, I don't

0:22:43.040 --> 0:22:46.760
<v Speaker 2>think his lawyer will do that. And so at the

0:22:46.880 --> 0:22:48.639
<v Speaker 2>end of the day, look, the press is going to

0:22:48.720 --> 0:22:51.639
<v Speaker 2>go on and on and say, well, Trump hates James Comy.

0:22:51.680 --> 0:22:55.440
<v Speaker 2>That is certainly true, but being hated by the President

0:22:55.520 --> 0:22:58.439
<v Speaker 2>is not enough to exonerate you from criminal conduct. And

0:22:58.480 --> 0:23:02.440
<v Speaker 2>in this instance, I believe Comy should have been indicted

0:23:02.480 --> 0:23:06.280
<v Speaker 2>five years ago because it was clear he had deliberately

0:23:06.400 --> 0:23:09.879
<v Speaker 2>lied to Congress. And look, we started by playing my

0:23:09.960 --> 0:23:15.280
<v Speaker 2>cross examination. This wasn't an absent minded lie. This wasn't oh,

0:23:15.280 --> 0:23:19.600
<v Speaker 2>I'm not paying attention. This was careful, This was deliberate,

0:23:19.680 --> 0:23:23.159
<v Speaker 2>this was strategic, this was planned. I believe this was

0:23:23.240 --> 0:23:26.960
<v Speaker 2>James Comy saying, I face no accountability whatsoever. I can

0:23:27.040 --> 0:23:29.560
<v Speaker 2>lie under oath and no one's going to hold me

0:23:29.640 --> 0:23:33.119
<v Speaker 2>to account. And I think he feels he feels clever,

0:23:33.359 --> 0:23:36.680
<v Speaker 2>but he also feels vindicated. Listen, James Comy was someone

0:23:37.840 --> 0:23:41.560
<v Speaker 2>who I think fancied himself as j Edgar Hoover. He

0:23:41.720 --> 0:23:47.120
<v Speaker 2>fancied himself as as an incredibly powerful director of the FBI,

0:23:47.840 --> 0:23:52.080
<v Speaker 2>empowered to remove the tyrant. That's what he said in

0:23:52.119 --> 0:23:56.040
<v Speaker 2>his statement tonight that he thinks Trump is a tyrant.

0:23:56.080 --> 0:23:58.359
<v Speaker 2>And I think when the American people elected him in

0:23:58.400 --> 0:24:02.600
<v Speaker 2>twenty sixteen, I think Comy was angry and he decided

0:24:02.640 --> 0:24:05.240
<v Speaker 2>he would use the power of the FBI to remove

0:24:05.359 --> 0:24:08.920
<v Speaker 2>the president elected by the people. And so I think

0:24:08.920 --> 0:24:12.560
<v Speaker 2>it is quite fitting that he is facing accountability for

0:24:12.640 --> 0:24:17.960
<v Speaker 2>committing criminal conduct. Let me repeat, this indictment is not

0:24:18.080 --> 0:24:20.280
<v Speaker 2>for being an opponent of Donald Trump. It is not

0:24:20.359 --> 0:24:25.080
<v Speaker 2>for being a political political figure on the other side

0:24:25.080 --> 0:24:29.560
<v Speaker 2>of Donald Trump. This indictment is for deliberately and knowingly

0:24:29.680 --> 0:24:32.359
<v Speaker 2>lying under oath to the United States Senate, which is

0:24:32.400 --> 0:24:36.159
<v Speaker 2>a clear and unmistakable felony. And and I think I

0:24:36.200 --> 0:24:40.200
<v Speaker 2>think Comy. I think the odds are good that Comy

0:24:40.240 --> 0:24:43.639
<v Speaker 2>will be convicted. And I think if he's convicted, I

0:24:43.640 --> 0:24:45.160
<v Speaker 2>think he's going to serve jail time.

0:24:45.280 --> 0:24:48.600
<v Speaker 1>How much of it very quickly. Of his past will

0:24:48.640 --> 0:24:51.880
<v Speaker 1>come back to haunt him. He is a prolific guy

0:24:52.040 --> 0:24:53.879
<v Speaker 1>when it comes to leaking. He's a pro at it.

0:24:53.920 --> 0:24:56.040
<v Speaker 1>He's on amateur Yes, he knows how to leak. Hell,

0:24:56.080 --> 0:24:59.200
<v Speaker 1>he leaked information that was apparently classified to make sure

0:24:59.240 --> 0:25:02.600
<v Speaker 1>that there was a a special counsel that went after

0:25:02.640 --> 0:25:05.000
<v Speaker 1>Donald Trump. We know that for a fact, and it

0:25:05.080 --> 0:25:07.399
<v Speaker 1>went to one of his former law friends at a

0:25:07.480 --> 0:25:10.680
<v Speaker 1>university that then went to a newspaper. That is a fact.

0:25:10.960 --> 0:25:12.800
<v Speaker 1>Will that come up? And then the other question I

0:25:12.840 --> 0:25:15.800
<v Speaker 1>have for you quickly is this, will the testimony the

0:25:15.880 --> 0:25:17.960
<v Speaker 1>day before Congress be used in court?

0:25:18.080 --> 0:25:18.639
<v Speaker 4>Or literally?

0:25:18.680 --> 0:25:21.800
<v Speaker 1>Will senators that interviewed him, Would you guys go to

0:25:21.840 --> 0:25:23.920
<v Speaker 1>court or would they just use the testimony video?

0:25:24.480 --> 0:25:26.640
<v Speaker 2>Yeah, I think they would use the testimony. They would

0:25:26.640 --> 0:25:28.760
<v Speaker 2>read or play the testimony. I don't think you're going

0:25:28.840 --> 0:25:33.200
<v Speaker 2>to see senators testifying, and the record is clear and objective,

0:25:33.240 --> 0:25:37.479
<v Speaker 2>and so everyone knows exactly what his testimony was. In

0:25:37.600 --> 0:25:40.120
<v Speaker 2>terms of his past pattern, I think it could certainly

0:25:40.160 --> 0:25:43.160
<v Speaker 2>come in. The prosecution might try to bring it in

0:25:43.640 --> 0:25:46.480
<v Speaker 2>to establish a pattern. That would be difficult. But I

0:25:46.480 --> 0:25:50.160
<v Speaker 2>think if Comey's lawyer argues, well, he couldn't possibly have

0:25:50.200 --> 0:25:53.400
<v Speaker 2>approved this, he never would have approved a leak, then

0:25:53.480 --> 0:25:55.639
<v Speaker 2>I think the prosecution would be able to get all

0:25:55.680 --> 0:25:59.440
<v Speaker 2>of that in as rebuttal to the defendant's argument. So

0:25:59.480 --> 0:26:01.040
<v Speaker 2>I think it's more more likely to come in as

0:26:01.080 --> 0:26:05.679
<v Speaker 2>rebuttal evidence than directly proving a pattern. But my guess

0:26:05.800 --> 0:26:08.600
<v Speaker 2>is one way or another that evidence is going to

0:26:08.640 --> 0:26:10.520
<v Speaker 2>come in. And you're right, there's a clear pattern. Comy

0:26:10.600 --> 0:26:13.080
<v Speaker 2>has a long pattern of relying on media leaks to

0:26:13.200 --> 0:26:14.920
<v Speaker 2>advance his own personal agenda.

0:26:15.000 --> 0:26:17.439
<v Speaker 1>Don't forget Share this podcast wherever you can with your

0:26:17.440 --> 0:26:19.240
<v Speaker 1>family and your friends, and I'll see you back here

0:26:19.240 --> 0:26:19.680
<v Speaker 1>tomorrow