MSNBC’s Danny Cevallos calls James Comey’s chances of getting indicted case tossed out before trial “0 to 1%,” despite potential “selective prosecution” arguments.
MSNBC legal analyst Danny Cevallos poured cold water on the likelihood of former FBI Director James Comey successfully dismissing his recent criminal charges before trial.
Comey was indicted on Thursday by Department of Justice (DOJ) prosecutors on counts of making a false statement to Congress and obstructing a congressional investigation stemming from his September 2020 testimony before a Senate Judiciary Committee.
Speaking on “Ana Cabrera Reports” on Friday, Cevallos acknowledged that if ever there was a case that looked like selective prosecution, this was it, given the involvement and public comments of President Donald Trump. However, he stressed the extreme difficulty of winning such a motion, stating their chances of success are “0 to 1%.”
“The problem with these motions is that they have a 0 to 1% chance of succeeding,” Cevallos said. “The reality is, virtually all federal prosecution is selective by nature… And that’s why these motions almost always lose.”
Cevallos added that judges generally prefer to allow prosecutors to present their case in court, making it “tough to get a case tossed on a motion before it goes to trial. Judges do not like to deny prosecutors their opportunity to try the case.”
The indictment claims Comey’s assertion that he did not “authorize someone at the FBI to be an anonymous source” was inaccurate.
In response to the charges, Comey took to Instagram on Thursday, maintaining his innocence and expressing confidence in the judicial process.
“My heart is broken for the Department of Justice, but I have great confidence in the federal judicial system, and I’m innocent,” Comey said. “So let’s have a trial and keep the faith.”
The backdrop of the prosecution includes strong political pressure, with President Trump having publicly stated that it “would not bother” him to see Comey arrested live on television.
The president has also expressed frustration with his Attorney General for what he views as slow progress in investigations concerning Comey and others. Additionally, a recently released CIA memo suggests Comey may have given false testimony regarding the role of the infamous Steele Dossier in the 2017 Intelligence Community Assessment (ICA).
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