Legal Opinions on James Comey Charges
During a segment of “Hannity” on Wednesday, legal analyst Greg Jarrett expressed that even if a Department of Justice (DOJ) prosecutor opts not to indict former FBI director James Comey, that doesn’t necessarily mean he’s in the clear—especially given new evidence that has come to light.
Reports indicate that the DOJ is considering asking a judge to indict Comey for allegedly lying to Congress. This discussion arose as host Sean Hannity sought Jarrett’s perspective on the situation. Jarrett noted, “This should have been pursued long ago. The FISA restrictions regarding Comey’s alleged lies have expired unless they’re tied into an ongoing investigation. There were certainly corrupt acts and deception involved; it’s complex. However, it seems this case revolves around whether Comey leaked highly classified information to a friend outside the FBI who then shared it with the media.”
The documents originally provided by Steele were foundational for the FBI’s investigation into the supposed conspiracy between President Trump’s initial campaign and Russia. In mid-2021, it was revealed that both Comey and former CIA director John Brennan were under criminal investigation for potential misconduct related to these documents, as they testified before Congress.
In 2018, Comey testified that the FBI had not examined these controversial documents prior to using them to secure a FISA warrant against Trump’s campaign advisor, Carter Page. He also mentioned that Republicans had initially supported those involved and suggested that the situation was politically motivated, involving both parties.
Jarrett asserted that Comey allegedly misled Congress multiple times, and he pointed out that former FBI deputy director Andrew McCabe was aware of media leaks in 2018. “Comey reportedly lied during his testimony. He even denied being an anonymous source at times, though his deputy seemed to indicate otherwise. Comey was known for leaking information to bolster his reputation and tarnish Trump’s image. We’ll have to wait to see if charges come,” Jarrett remarked.
He added that there were varying opinions within US law firms regarding the evidence against Comey. Some prosecutors apparently doubt they could secure a conviction under the high burden of proof required. Jarrett noted, “It’s unclear if charges for perjury or obstruction are coming against Comey—there could be more hidden documents from his time that reveal further corruption. At this juncture, it’s uncertain.”
By 2020, Comey had appeared before the Senate Judiciary Committee, expressing that he was unaware of significant reliability concerns about the documents involved. He claimed that FBI staff had failed to alert him about issues related to Igor Danchenko, the primary source for document author Christopher Steele. Additionally, Comey indicated that he could not recall specifics regarding the October 2016 briefing that addressed concerns of political bias in the documents against Trump.
