Elie Honig: DoJ Appears to Sabotage Their Third Attempt to Indict James Comey

RUSH EXCERPT:

HONIG: “I think because this is procedurally absolutely bizarre. What has happened here. This is not an indictment. This has not gone to a grand jury. The Justice Department right now does not have a warrant to go out and arrest Jim Comey. Instead, what this is, is a document we call a criminal information. Now, these get used sometimes I used to use them sometimes. But you have to have the defendant agreeing to it. The way it usually happens is if you have a plea agreement and both sides say, okay, we agree, we‘re not going to have to bother bother with the grand jury here. However, Jim Comey‘s team has not agreed to this. So the Justice Department has filed, as far as I know, the first ever unilateral criminal information. And let me tell you why that‘s a problem. I think a judge is going to say that criminal information is invalid. And now we‘ve got a statute of limitations problem, because the conduct they‘re trying to indict Jim Comey for happened on October 5th, 2016. Now there‘s a 10 year statute of limitations. So even if DoJ goes to a grand jury tonight or first thing tomorrow morning, we are outside the 10 year statute of limitations. So I don‘t know what DoJ was trying to do here. I think they tied themselves into a knot. And I think they‘ve sabotaged their own case by doing that.”