Podcast Summary: "Chickens are Coming Home as Former FBI Director James Comey Faces Indictment"

The 47 Morning Update with Ben Ferguson (Premiere Networks)
Date: September 26, 2025

Episode Overview

This episode centers on the bombshell announcement that former FBI Director James Comey has been indicted on two felony charges related to leaking information to the media and making false statements under oath. Host Ben Ferguson, joined by Senator Ted Cruz, dissects the background and implications of these indictments, drawing on past testimony, recent statements, and the legal process ahead. The tone is combative and prosecutorial, aiming to expose what the host and Cruz argue is a longstanding abuse of power and politicization of federal law enforcement.

Key Discussion Points & Insights

1. Breaking News: The Comey Indictment

• Ben Ferguson opens with the headline: James Comey has been indicted on two counts that could lead to five years in prison (05:49).
• The charges center on Comey allegedly leaking information to a Columbia Law professor—intended for the New York Times—and lying about this under oath.
• Ferguson frames the indictment as overdue accountability for a pattern of media leaks and political targeting during Comey's tenure.

2. Revisiting Historic Senate Testimony

• Ferguson introduces audio from a September 2020 Senate hearing where Senator Ted Cruz questions Comey about leaks to the media (07:58).
• Cruz highlights direct contradictions between Comey and then-Deputy Director Andrew McCabe, arguing “one of them is lying under oath” (15:57).

Notable Quote

• Senator Ted Cruz (09:15):
  “This investigation of the President was corrupt. The FBI and the Department of Justice were politicized and weaponized. And in my opinion, there are only two possibilities. That you were deliberately corrupt or woefully incompetent. And I don’t believe you were incompetent.”

3. Comey's Public Response

• Ferguson reads Comey’s Instagram response, which he characterizes as defiant and politicized (10:30):

• James Comey (10:30):
  “My family and I have known for years that there are costs to standing up to Donald Trump, but we couldn’t imagine ourselves living any other way... I’m innocent. So let’s have a trial.”

• Cruz and Ferguson criticize Comey’s statement as “victim-playing” and overtly political, drawing attention to its lack of legal argument or factual rebuttal (11:19).

4. Political Undercurrents: Trump’s Role & Media Reactions

• Ferguson and Cruz discuss media claims that Trump is driving the case for political retribution (14:54, 22:13).
• Ferguson brings up insider intrigue: Comey’s own son-in-law allegedly resigned from the Virginia prosecutor’s office the day of the indictment to “stop the inevitable” (14:54).

5. The Legal Case: The "Binary Choice"

• Cruz presents the core of the indictment: contradictory sworn statements by Comey and McCabe regarding leaks to the media (15:57, 18:40).

• Senator Ted Cruz (18:40):
  “One of them is lying under oath—a federal crime... It is a simple binary choice. Either James Comey lied under oath and committed a felony, or Andrew McCabe did.”

• The episode details timelines, including the timing of the indictment ahead of the statute of limitations’ expiration.

6. What Happens Next: Evidence and Courtroom Strategy

• Ferguson and Cruz analyze the likelihood of conviction, the expected prosecution strategy, and evidentiary factors (22:46 – 24:43).
  • The case is described as a straightforward he-said/he-said, but supported by testimony, records, and internal FBI evidence.
  • Cruz predicts McCabe will testify as the star witness for the prosecution, with Comey's defense centered on discrediting McCabe.

Notable Quotes

• Senator Ted Cruz (24:44):
  “It’s very difficult to see why McCabe would have any incentive to lie. He and Comey were thick as thieves. He was only forced to admit the truth when confronted with contrary evidence.”

7. The Broader Narrative: Abuse of Power and the DOJ/FBI

• Cruz expands on how Comey’s alleged actions represent politicization of federal law enforcement and attempts to override the will of voters (11:43, 14:54).
  • He argues that Comey “fancied himself as J. Edgar Hoover” and takes satisfaction in him now facing accountability (24:43 – 27:00).

Notable Quotes

• Senator Ted Cruz (11:43):
  “This is a former director of the FBI who tweeted out to the world a picture of shells spelling out 8647, in other words, slang for kill the current President of the United States, Donald J. Trump.”
  (Note: The host implies this is a call for violence, though this claim is highly charged and contextually disputed.)

8. The Use of Evidence and Testimony

• Ferguson asks if Congressional testimony or senators themselves would appear in court (29:26 – 30:05).
  • Cruz explains the record will be presented via transcripts or video, not live senator testimony.
  • Past pattern of Comey’s leaks may arise as rebuttal evidence if the defense claims he never approved leaks.

9. Likelihood of Conviction & Final Thoughts

• Cruz believes odds are high that Comey will be convicted and could serve jail time (27:00 – 29:26).
• He asserts the case is “not for being an opponent of Donald Trump,” but a straightforward perjury charge.

Memorable Moments & Quotes

• On Comey's Defense:
  “I love how he is a victim there and acting like he’s above all of this.” — Ben Ferguson (11:19)

• On Accountability:
  “Being hated by the President is not enough to exonerate you from criminal conduct. And in this instance, I believe Comey should have been indicted five years ago.” — Ted Cruz (24:43)

• On Political Messaging:
  “His statement... could have been given by Chuck Schumer or Nancy Pelosi or Keem Jeffries or any other political Democrat. And in fact, he makes a call, come out and vote. It’s a get out the vote message.” — Ted Cruz (11:43)

Important Timestamps

• 05:49: Headline—Comey indictment explained, background on leaks
• 07:58: Clip of Cruz questioning Comey (Senate hearing, Sept. 2020)
• 10:30: Comey’s Instagram statement read on air
• 11:43: Cruz on Comey's political nature and past actions
• 14:54: Discussion of indictment timing, statute of limitations, and the role of Comey's son-in-law
• 18:40: Cruz explains contradictory testimonies, legal stakes
• 22:13: Media narrative: claims of political motivation
• 22:46–24:43: How the trial could proceed, expected witness testimony
• 27:00–29:26: Likelihood of conviction, impact of Comey’s history
• 29:26–30:05: Admissibility of past leaks and Congressional testimony

Tone, Language, and Style

• The episode maintains a prosecutorial, urgent, and indignant tone—Ben Ferguson and Ted Cruz are pointed, skeptical of the DOJ/FBI’s impartiality, and unfiltered in their criticism of Comey.
• Language throughout is charged and direct, with repeated accusations of wrongdoing and abuse of power.
• The hosts are confident in the indictment’s merits and the likelihood of conviction.

Conclusion

This episode delivers a detailed, no-holds-barred breakdown of the indictment against former FBI Director James Comey. It combines legal analysis, political context, and personal commentary from Ben Ferguson and Ted Cruz, emphasizing the seriousness of alleged abuses of power. The episode is a must-listen—or read—for those seeking the conservative, anti-Comey perspective on this historic legal milestone.