Trump’s Next Move: Prosecuting Comey for Perjury?

LawNews.com ^ | 06/08/2017 | Elura Nanos

[MaxistheBest]

Former FBI Director James Comey is now in a game of legal chicken with the Trump administration. Comey’s testimony (which, in case you missed it, is being given under oath before the Senate Select Committee on Intelligence) and President Donald Trump’s repeated denials of having said anything at all about Michael Flynn, as well as seeking loyalty from Comey cannot both be true. Let’s do a quick side-by-side, shall we?

In mid-May, Trump sat down with Jeanine Pirro of Fox News for an interview. When Pirro asked Trump, “The New York Times is selling that you asked Comey whether or not you had his loyalty was possibly inappropriate…. Did you ask that question?” Trump responded, “No, I didn’t, but I don’t’ think it would be a bad question to ask.”

Trump is also reportedly still denying that he asked for loyalty, as well as Comey’s claim that Trump discussed the investigation of Michael Flynn, and expressed a desire for Comey to let Flynn go.

So if Trump is right, that means James Comey is lying under oath, also known as committing perjury. Here’s the applicable federal statute:

(1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true;

Comey clearly took an oath. The Senate Select Committee on Intelligence is clearly a competent tribunal authorized to administer an oath. Comey gave both written and oral testimony. The only things up for discussion are: 1) whether Comey stated anything that he does not believe to be true; and 2) whether, if so, those things count as “any material matter.” Whether we believe James Comey or Donald Trump, I think we can all agree that testimony about private meetings between the FBI director and POTUS count as “any material matter.” Demands or pledges for loyalty, directions or acquiescence to back off an ongoing investigation, or the non-existence of such interactions is about as material as it gets. It all comes down to whether James Comey stated anything he does not believe to be true.

In some perjury cases, possible discrepancy between an accused’s perception of particular information and the actual truth behind that information is relevant. Witnesses aren’t expected to be perfect – they’re just expected to be honest. But in the showdown of Comey v. Trump, there’s no rational risk of interpretive differences making the difference. Either Trump asked Comey to drop the Flynn investigation or he didn’t. Either Trump asked Comey for loyalty or he didn’t. Either Comey’s written and spoken testimony is true, or he has committed perjury.

To prove Comey guilty of perjury, a prosecutor would need to introduce evidence that the conversations Comey detailed in his testimony did not, in fact, take place. As always, proving that something did not happen can be tricky. But “tricky” isn’t “impossible.” Perhaps the best evidence in such a case would be the tapes Trump threat-tweeted.

Donald J. Trump ✔ @realDonaldTrump James Comey better hope that there are no "tapes" of our conversations before he starts leaking to the press! 8:26 AM - 12 May 2017

Of course, it’s unclear at best whether the Trump administration would pursue a federal prosecution of James Comey for perjury, even if supporting evidence did exist. However, if the giving of knowingly false testimony given before a Congressional committee by a former FBI-director doesn’t warrant prosecution, it’s tough to know what would. Your move, Mr. President.

[rdcbn]

Being in a game of chicken with President Donald Trump is not a good place to be because Trump is in the right and he is not timid nor does he back down.

Comey already lost the J. Edger Hoover, “don't mess with the FBI Director if you know what's good for you”, brinkmanship and intimidation gambit and he is at risk of losing out on the “if I go down, I'm taking a lot of Democrats and Republicans with me”, gambit.

Trump put a shot across Comey’s bow when he nominated a pro at internal investigations and public corruption as new FBI Director but self righteous hubris seem to be J Edger Comey’s signature style.

The new FBI director should be able to keep Mueller's investigation honest

[oincobx]

>>>Comey leaks a memo because of a Pres. Trump tweet that had not yet occurred ? hmmmm

While the Times did publish an article on May 11 describing the January 27 dinner in which Trump purportedly asked Comey for his loyalty, the Times cited officials who recalled Comey’s descriptions of the evening to them, not the memos themselves.

[txhurl]

Not crazy at all. It’s in DJT’s interest to flip as much of the deep state as he can in order to contain it all after he drains the swamp. Turning DC into the wild west with everybody putting hits on those they suspect to turn on them would be the worst outcome.

Unless there’s capacity to ‘intern’ 50K of the most hard-bitten of them.

[sourcery]

Bad move, politically. It would make him a martyr. And once he’s indicted, he has no reason to hold anything back, and would have every reason to hurl every accusation or charge he thinks might help him.

[stylin19a]

thanks.
who else was at that dinner ? only those 2.
The only way the Times gets that detailed info is from the memo...or Comey himself.

[Seaplaner]

I would ather see Sessions begin a collusion investigation into Comey, Lynch, Clinton and Obama.

Sounds interesting, and the collusion appears illegal. That said, I don't know what laws may have been broken.

[stylin19a]

more are reporting what you are saying.
I’ll take it back.
thanks.

[Socon-Econ]

What if Trump simply said, “this freak show is over as far as I’m concerned” and got back to his agenda — the one that’s going to really make America great again?

[jonrick46]

Comey testified today that he sent the memo to a Columbia U professor who we now know is Daniel Richman. The reason he sent the memo to Richman was to have him leak it to the press. Comey also testified that the reason he wanted the memo leaked was because of a tweet. We now know that was not true. The tweet happened after the memo was leaked to the New York Times. That was perjury.

I question the reason Comey gave for why he wanted to leak the memo. Comey testified that the reason for it was to push the need for a special prosecutor. Is this the reason or is there another reason. Was it to get back at Trump for firing him? What other things got leaked to get back at Trump?

The real question here is who really tried to influence the election? No indication of intention to violate the law?

[bigbob]

That is THE issue, all the rest is JV crap. I don’t know if it would be in Trump’s best interest right now or not, but AG Sessions should convene a grand jury on the basis of Comey’s admission that he leaked classified information and let the chips fall where they may.

[oincobx]

>>>Comey also testified that the reason he wanted the memo leaked was because of a tweet. We now know that was not true. The tweet happened after the memo was leaked to the New York Times. That was perjury.

No, there is no indication at this point that he committed perjury. While the Times did publish an article on May 11 describing the January 27 dinner in which Trump purportedly asked Comey for his loyalty, the Times cited officials who recalled Comey’s descriptions of the evening to them, not the memos themselves.

[Stopthethreat]

[jonrick46]

No. The memo was leaked that Comey wrote describing the diner conversation about President Trump's wish that the F.B.I. investigations not be too hard on Flynn who has suffered enough because of his resignation. That was published in the New York Times after the tweet that Comey testified was the cause. That is perjury.

[stylin19a]

thanks.
So many inconsistencies \ lies and bad timelines were documented and nobody cares.

I am done with Comey research\comments.
Nobody laid a glove on Pres. Trump.

Now just waiting to see what Mueller comes up with.

[bray]

The Russian hoax ended today with Comey’s reputation.

[Cobra64]

So what’s new? Sessions is worthless. There’s non-stop nationwide corruption and he’s not enforcing the law. Governors, Mayors, school administrators are harboring ILLEGAL ALIENS and he does nothing.

[jonrick46]

I am hearing great stuff on Mark Levin’s radio broadcast. I though Levin was a never Trumper. He is going to bat for Trump. Can hardly wait for Mike Savage.

[DesertRhino]

NO! Pardon him. Have a big press conference and magnanimously, dramatically, as only the Don can do, pardon him for all the crimes related to his service as FBI director.

Act VERY sincere.

Watch the MSM and democrat heads explode. With any luck maybe a few will pop a critical vessel.

[oincobx]

From the May 11 article:

The conversation that night in January, Mr. Comey now believes, was a harbinger of his downfall this week as head of the F.B.I., according to two people who have heard his account of the dinner... Mr. Comey described details of his refusal to pledge his loyalty to Mr. Trump to several people close to him on the condition that they not discuss it publicly while he was F.B.I. director. But now that Mr. Comey has been fired, they felt free to discuss it on the condition of anonymity.

No mention of a memo in the article.
https://www.google.com/amp/s/mobile.nytimes.com/2017/05/11/us/politics/trump-comey-firing.amp.html

[jonrick46]

"It all comes down to whether James Comey stated anything he does not believe to be true."

The classic description of a narcissist.