The Department of Justice obtained an indictment against former FBI Director James Comey under pressure from President Donald Trump, who CNN's Elie Honig said handed his political enemy a get-out-of-jail-free card.
The president has long despised the FBI director he fired at the start of the Russia probe in his first term, and Honig, a former federal prosecutor, explained why Trump's public demand on Truth Social to Attorney General Pam Bondi to "do something" about Comey would provide powerful evidence that his prosecution was political in nature.
"This is all going to be fodderfor Jim Comey and his defenseteam," Honig said. "Pat Fitzgerald, by theway, Jim Comey's lawyer, is oneof the best lawyers in thecountry. I mean, he's renowned.He was a former federalprosecutor, too. What we havehere is we basically havechapter one. Trump calls for theprosecution, makes changes ofpersonnel, chapter two. He getsthe prosecution, and chapterthree, which happened just now.Trump celebrates theprosecution."
"I mean, they arewriting, Donald Trump is writing Jim Comey's motion to dismissfor him," Honig added. "Watch for this, this isgoing to be the first majorbattle in this case, and I think Jim Comey has got a real goodchance of getting this thingthrown out by a judge before itever gets to a jury on preciselythose grounds."
The two-page indictment contains few details about the case against Comey, but Honig suspects he will not spend any time in jail and will ask for a trial as soon as possible.
"It's bizarre to say,because he was such a powerfulprosecutor, but he will be treatedas any other defendant," Honig said. "He willmake a court appearance. Hisfirst formal appearance will benext week. He will be arraignedby a judge, will be advised ofthe charges, he will plead notguilty. They'll make sure hehas a lawyer. He does have theaforementioned Pat Fitzgerald.He'll be released without bailor with minimal bail. He's notgoing to be locked up on this, and then they're going to set amotion schedule, and that'sgoing to set, and things movevery quickly."
"That motion todismiss wouldn't shock me ifit's filed within a couple ofweeks, and if we have a rulingon it within a couple weeks ofthat," he added. "So this is going to movequick, this is not going to dragout for a year, 18 months, twoyears in order to get to trial.If it's going to get to trial,we're going to see it prettyquick."
Honig took a parting shot at Lindsey Hannigan, the former Trump personal lawyer installed as U.S. Attorney by the president this week after pushing out her predecessor because he expressed doubts about the evidence against Comey, saying that all federal prosecutors are reminded of the Department of Justice's role in democracy.
"It was called thereservoir speech," Honig said. "We were alwaysgiven, which is this entity, the Justice Department has built upa reservoir of trust over manyyears. Don't be the fool whodrains it with one crack, and bythe way, the person I firstheard give that was Jim Comey."