← The 47 Morning Update with Ben Ferguson
The 47 Morning Update with Ben Ferguson
Chickens are coming home as former FBI Director James Comey faces Indictment
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Open your free iHeartradio app, search daily Variety and listen now.
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You want smart political talk without the meltdowns? We got you.
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I'm Carol Markowitz.
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And I'm Mary Kathryn Hamm. We've been around the block in media and we're doing things differently.
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Normally is about real conversations, thoughtful, try.
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To be funny, grounded, and no panic.
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We'll keep you informed and entertained without ruining your day.
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Join us every Tuesday and Thursday Normally.
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On the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts.
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Who do you hold responsible for the.
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Uptick of left wing violence?
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Radical left rhetoric.
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The radical left is causing the problem. They're out of control. They're saying things and they're really dumb people.
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I Mean, I look at Crockett, I.
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Look at some of these people, they're, they're very low IQ people actually.
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You're listening to the 47 Morning Update with Ben Fergus.
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F
Good Friday morning. Nice to have you with us on the 47 Morning Update. And there's one big story coming out of the White House and that is this. The former FBI director James Comey has been indicted on two major counts. He could spend up to five years in prison if he is convicted. So what is behind these indictments and when did it actually happen? I'm going to break it all down for you, all right. I want to take a moment, talk about the economy. You've been seeing what's happening on Wall Street. You've seen what's been happening with interest rates and you've probably seen gold prices hitting all time record highs. Why? Because there is uncertainty all over the world right now. And when there is uncertain times, you want real answers about your financial stability. Well, at Kurt Elliott Precious Metals you get more than gold and silver. You get trusted guidance from a team that puts people first. Always. You also transparency. This is why I recommend them. Their mission is clear. They want to help you protect what matters most with real metals, real service and real clarity. Now here's why I love what they do at Kurt Elliott Precious Metals. Number one bullion only approach. They focus on investment grade metals, not overpriced quote collectibles or gimmick products that cost you an insane amount of money for what you're actually getting. What they do is they sell you more metal for your money and fair value when it's time for you to actually sell. They also have upfront transparent pricing, just 8% when you buy and zero commissions when you go to sell. There are no hidden fees on top of that, ever. That is the reason why I recommend them. They also make sure they give you personalized guidance for you. You're never just a number, no pressure, always real answers. And they make sure that you are in control. So if you're ready for real honest clarity and all of the BS taken out, visit kepm.comBen that's K-E-P M.comBen to schedule your personal portfolio review, ask about today's unique market window and how the current silver to gold ratio might work in your favor. Protect what matters. Plan with clarity. K e p m.com ben or 720-605-3900 that's 720-605-3900 Kurt Elliott precious Metals Smarter metal investing starts with them. It's the 47 Morning Update and it starts right now.
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Story number one.
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F
It is massive news. The former FBI Director James Comey has been indicted. And before I give you all those details, a big question that the media is not talking about is this. Is there a history of James Comey leaking? Well, that's what this whole indictment is about. Leaking information to the media and then lying about it. We know for a fact that James Comey leaked records to Columbia professor so it would hit the New York Times. That prompted the Russiagate special counsel to be named. Yes, that actually happened. He was trying to shop a story of Russian collusion that the FBI had already described as user generated. And he shopped it to the media to try to induce a special counsel to go after Donald Trump. He disclosed a memo, we know, to a professor at Columbia Law School with a plan to have him share it to the New York Times. This is just some of the history of the corruption of James Comey. Well, now, the former FBI director James Comey has been indicted on two counts, charges that were brought before the statute of limitations expired. And this is a man who now wants you to feel sorry for him, claiming that he's some sort of persecuted political victim. Now, there's also a very important back and forth between James Comey from about five years ago with Senator Ted Cruz. You may have seen it or heard it already, but Senator Cruz and I sat down to talk about just how important that back and forth could be. And here's part of our conversation. All right, so Senator, I want to start with this clip. And I think this is a great starting point for this indictment of the former FBI Director James Comey. This is you questioning Comey back in September of 2020. This is the back and forth between the two of you, everyone listening. This is really an important part of history now and gonna probably be an important part of this case.
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A
To another topic. On May 3, 2017, in this committee, Chairman Grassley asked you point blank, quote, have you ever been an anonymous source in news reports about matters relating to the Trump investigation or the Clinton investigation? You responded under oath, quote, never. He then asked you, quote, have you ever authorized someone else at the FBI to be an anonymous source in news reports about the Trump investigation or the Clinton administration? You responded, again under oath, no. Now, as you know, Mr. McCabe, who works for you, has publicly and repeatedly stated that he leaked information to the Wall Street Journal and that you were directly aware of it and that you directly authorized it. Now, what Mr. McCabe is saying and what you testified to this committee cannot both be true. One or the other is false. Who's telling the truth?
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I can only speak to my testimony. I stand by what the testimony you summarized that I gave in May of 2017.
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So your testimony is you've never authorized anyone to leak. And Mr. McCabe, when, if he says contrary, is not telling the truth. Is that correct? Again, I'm not going to characterize Andy's.
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Testimony, but mine is the same today.
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All right, I'm going to make a final point because my time has expired. 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. This has done severe damage to the professionals and the honorable men and women at the FBI, because law enforcement should not be used as a political weapon.
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F
All right, so you listen to that, and then you look at the indictment. Count one, false statement to the U.S. senate that he had not, quote, authorized someone else of the FBI to be an anonymous news source. Count two, Comey obstructed the Senate Judiciary Committee's investigation through his, quote, false and misleading statements. That is a big smoking gun.
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A
Well, it is. It's the basis of the indictment. And this will be the. The central focus of the trial. Now, James Comey put out a statement tonight on Instagram, and. And his statement is striking in that it is a political statement. It is not a statement about the facts of the law. So give a listen to what James Comey said this evening in response to the indictment.
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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. We will not live on our knees. And you shouldn't either. Somebody that I love dearly recently said that fear is the tool of a tyrant. And she's right. But I'm not afraid. And I hope you're not either. I hope instead you are engaged, you are paying attention, and you will vote like your beloved country depends upon it, which it does. My heart is broken for the Department of Justice, but I have great confidence in the federal judicial system, and I'm innocent. So let's have a trial.
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F
I love how he is a victim there and acting like he's above all of this. But, Senator, let's just go back to 3. 30 of 23. James Comey tweeted out, quote, it's been a good day. That is how he reacted to Trump being indicted in the Alvin Bragg hush money case. So to act like he's some sort of guy, that's above all this. Look at his own words.
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Well, his statement he put out in response to this, that 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. This is a former director of the FBI, but to give you a sense of just how much he loathes Donald Trump, 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. To say calling for the murder of the sitting president is not appropriate for the former FBI director in an ordinary time, that would be such an obvious statement that no one would even think to say it. But that's just how much James Comey loathes Donald Trump. And understand when Trump became president the first time In January of 2017, President Trump unfortunately made a serious mistake, which is he left James Comey in office. In hindsight, on January 20, 2017, President Trump should have called James Comey and said, thank you for your service to the nation. Your services are no longer required. I am certain President Trump wishes he had done that. I think the White House team believed that Comey could focus on law enforcement, could not be politicized. And that assumption proved to be in error. James Comey presided over weaponizing and politicizing the FBI. He was part of weaponizing and politicizing the Department of Justice. And it was because they hated Donald Trump and frankly, they were angry at the American people for electing him in 2016. And so the FBI set out to try to attack and to try to ultimately remove from office the President of the United States. Now, again, this should not bear saying, but it is not the job of law enforcement to determine the will of the voters is wrong. And the elected president should no longer be president. But that's what Comey presided over. And so when I listen to him say, I weep for the Department of Justice, it really is. You know, there's a Yiddish word, chutzpah, and I gotta say, James Comey really ought to have a T shirt with that printed on it because he is grieving for the Department of Justice. Why? Because he has been indicted for what I think is clearly A felony. And we're gonna break down in just minutes why exactly this is a felony, what the crime is. And I want to point out, nowhere in his statement does Comey get into the actual facts. Nowhere in the statement does he get into what he did. No one in this. Nowhere in the statement does he get into the law. He just gives a political statement. He will not be on his knees. He calls Trump a tyrant who is ruling by fear. Look, this is an indictment that was returned by a grand jury in the Commonwealth of Virginia, and it was returned because of, I believe, clear evidence demonstrating Comey committed felony.
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F
Senator, I, I want to bring up a point that, like no one in the media has brought up so far about this indictment. And I brought it up on cnn and they were like all deer in headlights. There is something about this case. And they were saying, oh, this is just political retribution by Donald Trump, that, that clearly they weren't going to bring this case. He had to fire the person in charge of this office in Virginia, had to put in somebody that would weaponize the doj. Here's a fact that most people don't know. James Comey's own son in law was literally inside the prosecutor's office that was tasked, just think about this, with indicting his father in law. And so when you sit there and I look at this, I'm like, man, the deep state got together to protect James Comey at all costs. And as soon as the indictment came out later in the day, James Comey's son in law then gave his resignation letter because I guess he just couldn't stop what was inevitable.
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A
Well, and look, I think what should govern this case is the facts and the law. And I believe James Comey should have been indicted five years ago. And indeed, I called upon him to be indicted five years ago. So let me lay out the facts. And in December of 2020. So the questioning that we played in the first segment was September 30th of 2020. And by the way, the reason the indictment was brought right now is the statute of limitations was going to run next week. And so they had to bring it before the end of the statute of limitations or they would not be able to charge him. But on December 10th of 2020, here's the letter that I sent to Bill Barr, then the Attorney General of the United States, and Christopher Wray, who was then the director of the FBI. Days before the presidential election in 2016, a Wall Street Journal article quoted an anonymous source confirming the existence of a probe into Hillary Clinton's use of a private email server while serving as Secretary of State, an investigation that up to that point, Mr. Comey and the FBI declined to confirm. We now know that this leak was authorized by then Deputy Director of the FBI Andrew McCabe. Mr. McCabe initially told FBI agents under oath that he did not authorize the leak and he did not know who did. But when confronted later with contrary evidence, he confessed both to knowing about and authorizing the leak. We do not know, however, whether and to what extent then FBI Director Comey was aware of and authorized this leak after the fact that Mr. Comey has repeatedly stated. I'm sorry. Mr. McCabe has repeatedly stated that Mr. Comey knew of and effectively authorized the leak by approving it. He told the Office of Inspector General that, quote, he and Comey discussed the October 30 Wall Street Journal article in person on October 31, 2016, and that. And that at that meeting, quote, he told Comey that He had authorized AD slash, OPA and special counsel to disclose the account of the Aug. 12 call and did not say anything in any way to suggest that it was unauthorized. According to Mr. McCabe, Mr. Comey, quote, did not react negatively, just kind of accepted it and, quote, thought it was a good idea that they presented this information to the media. He again reiterated Mr. Comey's involvement at a hearing last month at the Senate Judiciary committee. I asked Mr. McCabe, according to the Washington Times, April 18, 2018, Mr. McCabe insisted that he told his boss that he had authorized disclosure about the Clinton investigation. But Mr. Comey has denied this claim, and Mr. McCabe told investigators that Mr. Comey knew he had authorized disclosure and agreed it was a good idea. Is that accurate? Is that your testimony to this committee? Mr. McCabe replied, that is my recollection. Mr. Comey, however, has sworn under oath that he has neither authorized the leak nor knew of Mr. McCabe's involvement. At a May 2017 hearing before the Senate Judiciary Committee, Senator Grassley asked Mr. Comey, have you ever been an anonymous source in news reports about matters relating to the Trump investigation or the Clinton investigation? Mr. Comey replied, Never. Senator Grassley then asked, have you ever authorized someone else at the FBI to be an anonymous source in news reports about the Trump investigation or the Clinton administration? He testified, no. And this October, at a Senate Judiciary Committee hearing, Mr. Comey testified in response to my questioning, quote, I stand by the testimony that you summarize that I gave in May of 2017. Mr. Comey's denial in front of the Senate is consistent with his statement to the oig. He told the OIG that, quote, he recalled seeing this article, but he did not know how the disclosure about the paid AG call in the October 30 article happened. He said that he was, quote, very concerned about that part of the article. Comey told OIG he considered the disclosure about the paydex call problematic because it related to sensitive FBI information. The OIG report continues, quote, according to Comey, he discussed the issue with McCabe after the article was published. And at the time, McCabe, quote, definitely did not tell me that he authorized the disclosure of the pay DAG call. Comey said that McCabe gave him the exact opposite impression. Mr. Comey asserted that he took from whatever communication they had that Mr. McCabe wasn't involved in the leak. And here's what's critical. Mr. Comey and Mr. McCabe statements are irreconcilably contradictory. Mr. McCabe says that he told Mr. Comey of the leak and that Mr. Comey approved effectively authorizing the leak after the fact. Mr. Comey, on the other hand, has said that he neither authorized the leak nor knew of Mr. McCabe's involvement. One of them is lying under oath, a federal crime. 18 USC section 1621. The American people deserve to know who. Those are the facts. And it is a simple binary choice. Either James Comey lied under oath and committed a felony, or Andrew McCabe lied under oath or committed a felony because what they said is precisely opposite. There is not a world in which neither of them committed a felony and the only choice is which one broke the law by bringing this indictment. Obviously, the Department of Justice has determined it was James Comey who lied under oath and broke the law. And that's what the trial will be all about.
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F
All right, Senator, so here's what I've been hearing on online from the media. They're like, hey, Donald Trump weighed in on this too much. They're going to get this thing kicked out before it even goes to a judge. This is a waste of the American taxpayers dollars. And then if that's not enough, they say, well, no one ever gets indicted and they actually go forward and get a conviction on someone lying to Congress because, well, a lot of people lie to Congress and even if he did lie, it may have been a mistake. It's going to be very hard to get a conviction. Break down how this could roll out in court. What could happen?
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A
Well, at the end of the day, the factual predicate behind this crime is not terribly complicated. As I mentioned, there's A direct contradiction between James Comey's testimony under oath before the Senate and Andrew McCabe's testimony under oath before the Senate. They cannot both be true. One or the other is deliberately lying. And how do we know which one is likely to be lying? Well, the FBI in all likelihood possesses the information that confirms who's telling the truth and who's lying. Indeed, if you look at the account of what occurred, McCabe initially told the same lie that Comey did. McCabe initially said he didn't leak the information. Yeah, he didn't authorize it, and he didn't know who did. But then the FBI Office of Inspector General confronted him with contrary evidence. I don't know what the contrary evidence is, but they put in front of him, Mr. McCabe, you said you didn't leak this information. Well, boom, here's the evidence to the contrary. And what did McCabe do? Oh, crap. You got me. Okay, you're right. I leaked it. I'm the one who did it. And I talked to Comey about it. I told him about it. So he admitted that when he was caught in a lie? I don't know specifically.
- [24:04]
F
Yeah.
- [24:04]
A
What confirming evidence the FBI and the Department of Justice has, but they have enough that they caused McCabe to reverse his first lie and instead to say, yes, he did it and Comey knew about it. And so between the two, you know, it was interesting, when I was questioning Comey, he said a couple of times, well, I'm not going to characterize, as he put it, Andy's testimony. Well, I get. Politically, that's a smart move not to characterize Andy's testimony. But you know what his entire legal defense is going to be? McCabe is lying because he doesn't have an alternative. That's his only argument, is when McCabe said under oath.
- [24:43]
F
Good point.
- [24:44]
A
That I knew about it. Comey's defense team is going to have to say McCabe was lying. And by the way, McCabe is going to be the star witness at the prosecution. The prosecution is going to put Andy McCabe on the stand, and he's going to ask them, did you leak it? Now, I'm going to predict Andy McCabe is going to say yes. Did you talk to James Comey about it? Yes. Did he authorize it? Yes. And the reason I'm gonna predict he's gonna do all of that is because Andy McCabe testified to that in front of Congress. And if he gives any other answer, he'll be indicted for lying to Congress. So he can't have it both ways. And I expect that that Comey's lawyer will try to cross examine him and will try to argue McCabe is lying. But it's very difficult to see why McCabe would have any incentive to lie. He and Comey were thick as thieves. Yeah, he was only forced to admit the truth when confronted with contrary evidence. Again, we don't know what that evidence is, but presumably the FBI and the Department of Justice do. So I don't know if it is contemporaneous phone calls, perhaps with the reporters. I don't know if it is notes. I don't know if it's emails. I don't know if it's testimony from someone else at the FBI who said, hey, Andrew McCabe told me to do this, but it is something. And it was something that was compelling enough that it caused Andrew McCabe to abandon lie number one. And so at the end of the day, this is not a complicated factual case. This is not some grand tapestry. It's a he said, she said. But you have both testimonies under oath. And it's going to be a question of what additional evidence is there to confirm who's telling the truth and who's not. I also think I will be surprised if James Comey's lawyer puts him on the stand. Now, under our justice system, the prosecution cannot force a defendant to testify. But I'm going to predict James Comey is not going to take the stand because if he takes the stand, he can be cross examined. And he does not want to be cross examined because this is someone who presided over weaponizing the Department of Justice with the objective of taking out Donald J. Trump and getting under oath, getting cross examined by a skilled trial attorney. And again under oath. By the way, if he lies in his trial testimony, he can be indicted and prosecuted again for lying under oath. Again, I don't think his lawyer will do that. And so at the end of the day, look, the press is going to go on and on and say, well, Trump hates James Comey. That is certainly true. But 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 because it was clear he had deliberately lied to Congress. And look, we started by playing my cross examination. This wasn't an absent minded lie. This wasn't, oh, I'm not paying attention. This was careful. This was deliberate. This was strategic. This was planned. I believe this was James Comey saying, I face no accountability whatsoever. I can lie under oath and no One's gonna hold me to account. And I think he feels. He feels clever, but he also feels vindicated. Listen, James Comey was someone who I think fancied himself as J. Edgar Hoover. He fancied himself as an incredibly powerful director of the FBI empowered to remove the tyrant. That's what he said in his statement tonight, that he thinks Trump is a tyrant. And I think when the American people elected him in 2016, I think Comey was angry, and he decided he would use the power of the FBI to remove the president elected by the people. And so I think it is quite fitting that he is facing accountability for committing criminal conduct. Let me repeat, this indictment is not for being an opponent of Donald Trump. It is not for being a political figure on the other side of Donald Trump. This indictment is for deliberately and knowingly lying under oath to the United States Senate, which is a clear and unmistakable felony. And I think Comey. I think the odds are good that Comey will be convicted. And I think if he's convicted, I think he's gonna serve jail time.
- [29:27]
F
How much of very quickly of his past will come back to haunt him? He is a prolific guy when it comes to leaking. He's a pro at it. He's not amateur. He knows how to leak. Hell, he leaked information that was apparently classified to make sure that there was a special counsel that went after Donald Trump. We know that for a fact. And it went to one of his former law friends at a university that then went to a newspaper. That is a fact. Will that come up? And then the other question I have for you, quickly, is this. Will the testimony that he gave before Congress be used in court? Or literally, will senators that interviewed him, Would you guys go to court, or would they just use the testimony video?
- [30:06]
A
Yeah, I think they would use the testimony. They would read or play the testimony. I don't think you're going to see senators testifying. And the record is clear and objective, and so everyone knows exactly what his testimony was in terms of his past pattern. I think it could certainly come in. The prosecution might try to bring it in to establish a pattern. That would be difficult. But I think if Comey's lawyer argues, well, he couldn't possibly have approved this. He never would have approved a leak. Then I think the prosecution would be able to get all of that in as rebuttal to the defendant's argument. So I think it's more likely to come in as rebuttal evidence than directly proving a pattern. But my guess is, one way or another, that evidence is going to come in. And you're right, there's a clear pattern. Comey has a long pattern of relying on media leaks to advance his own personal agenda.
- [30:56]
B
Thank you for listening to the 47 Morning Update with Ben Ferguson. Please make sure you hit subscribe wherever you're listening to this podcast right now. And for more in depth news, also subscribe to the Ben Ferguson Podcast and we will see you back here tomorrow.
- [31:14]
D
Stop settling for weak sound. It's time to level up your game and bring the boom. Hit the town with the ultra durable LG X Boom portable speaker and enjoy vibrant sound wherever you go. Elevate your listening experience to new heights because let's be real, your music deserves it. The future of sound is now with LG XBoom and for a limited time save 25% at LG.com with code fall25. Bring the boom XBoom.
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There's a lot going on in Hollywood. How are you supposed to stay on top of it all? Variety has the solution. Take 20 minutes out of your day and listen to the new daily Variety podcast for breaking entertainment news and experts perspectives.
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Where do you see the business actually heading?
- [32:00]
C
Featuring the iconic journalists of Variety and hosted by co editor in chief Cynthia Littleton.
- [32:06]
D
The only constant in Hollywood is change.
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C
Open your free iHeartradio app, search daily Variety and listen now.
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H
This is Buzz Knight from Taking a Walk. Lexis believes in the importance of standards. One of my standards I never want to be late. I always want to show up on time. For Lexus, the standard is simple experience. Amazing. Their benchmarks aren't stats or specs, they're feelings. Exhilaration, joy. That sense your car was designed just for you. Machines built to make you feel more human. Because a car that doesn't make you feel something is a car that stops short of amazing experience. Amazing at your Lexus dealer.
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D
Stop settling for weak sound. It's time to level up your game and bring the boom. Hit the town with the ultra durable LG X Boom portable speaker and enjoy vibrant sound wherever you go. Elevate your listening experience to new heights because let's be real, your music deserves it. The future of sound is now with LG XBoom and for a limited time, save 25%@LG.com with code fault25. Bring the boom X boom.
- [33:24]
E
You want smart political talk without the meltdowns? We got you.
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I'm Carol Markowitz.
- [33:29]
E
And I'm Mary Kathryn Hamm. We've been around the block in media and we're doing things differently normally is.
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About real conversations, thoughtful, try to be.
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A
Funny, grounded and no panic.
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We'll keep you informed and entertained without ruining your day.
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Join us every Tuesday, Tuesday and Thursday.
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Normally on the iHeartRadio app, Apple Podcasts or wherever you get your podcasts. This is an iHeart podcast.