Michael Popak (38:57)
Under Rule 6, there's four separate motions to dismiss. One got filed late yesterday in the Comey case. All of them would lead to the dismissal of the indictment with prejudice and the closing of the criminal case against Comey for failure to properly indict within the five year statute of limitations. That's the impact, if you're right, and you are, that the indictment is invalid, is not a true bill of indictment. On two of the counts, then the clock never stopped on the statute of limitations. It's not a clerical error. It's not an, it's not a boo boo. You don't get a mulligan, you don't get to go back. It doesn't stop the clock. And the statute of limitations has run because we're now having this conversation right before Thanksgiving in November. Statute of limitations ran on September 5th of 2025. That's why the lawyers for Comey are fighting so hard. And he's led by some amazing lawyers. One of the lawyers that argued in the courtroom, I almost had like, how excited is like a superhero within the legal world is Michael Dreeben. Michael Dreben has argued over a hundred successful United States Supreme Court arguments. He argued in a number of them involving Donald Trump. And when he heard the. The problem that Lindsay Halligan has and continues to compound it is that they refuse to, to, to have a senior prosecutor who knows what they're doing or a senior appellate prosecutor who knows what they're doing sit next to her in the courtroom and she's getting. She's either so nervous that she can't get the testimony out, or she's accidentally confessing and becoming a witness for the defense every time she speaks. So it's her and another novice prosecutor named Tyler Lemons who nobody ever heard of. He played football at Widener a couple of years. Now he's been appointed a special prosecutor to sit next to Lindsey Halligan. Talk about the blind leading the blind. There's no Michael Dreeben's Patrick Fitzgerald sitting next to them telling them how they should handle this case. So in the. In the live hearing in front of Judge Nakmanoff, Levin said the grand jury never saw the actual indictment with the all with only two of the counts. That is the operative indictment in this case. It was an amazing bombshell, jaw dropping confession. And Lindsay Halligan sat right there and didn't say anything. She was. Lemons wasn't in the room with the grand jury. Halligan was. So she never got up there. He knocked Nachman off, then called Halligan up. He said your council of record addressed the court, which he was not prepared. And she had to admit that the indictment was effectively fabricated and manufactured, cut and pasted, as you said, by a grand jury coordinator on the fly. And the judge says, well, then I don't understand your. She. She has another problem because in a related case involving Judge Curry, who is. Who is sitting over the issue and will rule before Thanksgiving about whether Lindsay Halligan was illegally appointed or not. She's the first one that pointed out you got a gap in the grand jury proceeding transcript. And Lindsay hall. What do you mean? Where is your interaction related to the second indictment? Where is the court reporter in the room for that? Where is the hearing? Where? Where? Well, no, that's the deliberation part, Judge. See, Judge, you've been on the bench for 30 years, but you forgot that while there's a grand jury deliberating, there can't be a court reporter. Are we good now? No, because they then they whipped out to try to save themselves a seven minute transcript to hand into Judge Nachman off after the hearing because she couldn't get her facts straight during the hearing. And she said, see, Judge, there is a transcript. Well, I thought you said there wasn't a transcript for what transpired between you and grand jurors. She told Judge Curry that all my interactions with the grand jury are recorded and there's nothing missing. No, not true. She had a hearing. Apparently, as you and I reported back in the day, back in September with Judge Vala, who's the magistrate judge presiding over that proceeding in which she was caught. Apparently there was a recording of it and they got a transcript of it in which Judge Vala said, I don't understand, why do I have two indictments, both with your Lindsey Halligan signature on them, both signed by the fourth person. She said, I only signed one. She says, no, I have two. She said, well, I only prepared one. Well, who prepared the one that has two counts instead of three? Well, and they submitted that to Judge Nachmanoff after the hearing to say, are we all good now? No. A, you lied to Judge Curry about your interactions with people in the grand jury, like the four person after the deliberations were over. Even Judge Fitzpatrick, who's the magistrate judge, he called out earlier in the week. He said, I thought you went back in to get the second indictment approved by the grand jury. But apparently based on your, your affidavit, your sworn statement, you never went back in. Now we see the seven minutes and it's obvious you didn't go back in. Everybody went home. You need 12 grand jurors to approve of the indictment. 11 went home at 6:57 at night. One was left a grand. The four person she grabbed. The four person put a document which she alleged to the four person was an accurate true bill of two counts because the third count, the first count, had been eliminated and had her sign it. You could see where a prosecutor should not be allowed after the grand jury has broken for the day to grab one of the grand jurors, tell them this is the indictment and sign on the dotted line that that would be an invitation for prosecutorial abuse. They could write anything in there and have the grand juror sign it. That's why the seven minute Transcript actually undermines their entire case. Immediately upon that filing yesterday, right on top of it, you get a brand new fourth motion to dismiss by James Comey's lawyer that says see we've they. First of all, how can they argue that we don't get the grand jury transcript when they're, they've provided you with another 7 minutes spoon fed version of the grand jury transcript. Of course the defense needs it to prove what happened in that room. Judge Fitzgerald has seen the grand jury transcript and has pointed out two constitutional violations alone by Lindsey Halligan. Judge Curry has seen the grand jury transcript and she's about to probably bounce Lindsey Halligan as the, as the appointed U.S. attorney. We need it as the defense. But even besides that, judge, the indictment and the process just Based on the 7 minute transcript is enough for you to find that such overreach and such prosecutorial abuse is, is in fact infected within this transcript that you should dismiss the indictment on that grounds alone, giving the judge another yet a fourth reason to dismiss the indictment. And then we haven't even gotten into, although you touched on it, what happened and transpired within the grand jury itself, which is the subject of another motion to dismiss. And there's two major points. One is the, the violation of the, of the fifth and sixth amendments privileges of Comey. But also they focus on this new filing, the Comey lawyers on the violation of the fourth Amendment and his attorney client privilege relationship. Because they never see, I didn't learn this until we really started digging in. They never issued a new search warrant or subpoena to professor, to the professor at Columbia who served as the lawyer for Comey. And they had an attorney client relationship. They never got a new one. They just went back to the box from five years ago of Gerald Richmond's.
