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After these findings, a federal magistrate judge, Judge Fitzpatrick, found that there was likely massive grand jury misconduct that led to the indictment of James Comey. Judge Fitzpatrick talks about how Lindsey Halligan, who was alone in the room with the grand jury, likely gave the grand jury false information about the law on at least two different critical legal instructions. She just lied about the law, it seems. Also the judge, Judge Fitzpatrick does not believe Lindsey Halligan that she provided the full grand jury transcripts. The judge says that's impossible because initially the grand jury did not return an indictment when there were three counts listed. So you had to go back Halligan, print out a copy of the indictment with two counts and then represent it to the grand jury. And that is missing. Where did that go? So when you've said you've turned it over and you filed the declaration, Judge Fitzpatrick is not buying it. Judge Fitzpatrick has ordered an extraordinary remedy of turning over the grand jury materials at this early stage, pre trial to James Comey and James Comey's lawyer. That only happens in the most extraordinary of circumstances. And Judge Fitzpatrick says, based on these specific findings that I'm making, this satisfies those extraordinary circumstances where grand jury testimony should be turned over and grand jury material needs to be turned over to James Comey and James Comey's lawyers. Now, we know Lindsey Halligan was never a federal prosecutor before. She was not a trial lawyer. She was a beauty pageant contestant turned insurance lawyer who Trump brought on to be a personal lawyer. And then right before the statute of limitations was about to expire in the James Comey case, Donald Trump posted that message on social media saying, pam Bondi, tell Lindsey Halligan to go and bring this indictment against my political enemies. James Comey, New York Attorney General Letitia James, Adam Schiff and others. Lindsey Halligan obliged the Trump regime, forced out the Republican United States Attorney in the Eastern District of Virginia. Halligan took over that role again, having no federal prosecutorial experience, having never been in a grand jury room before. And then you'll recall that right here on the Midas Touch Network, I was saying over and over again, go back to the videos from when that indictment was first secured. I said, I guarantee you she was giving the grand jury incorrect information about the law and, and incorrect facts and that there was misconduct in the grand jury because there's a reason why no other federal prosecutor would bring this case, including Republican federal prosecutors. One other thing that the judge points out as well, about how these grand jury proceedings were tainted with misconduct. Apparently the FBI agent who was the only person who testified in the room to the grand jury, his testimony may have been based on attorney client privileged information between James Comey and his lawyer, Daniel Richmond, or another lawyer of his, Daniel Richmond, to form the basis of the presentation, which is against the law to do that, to invade attorney client privilege without the filter protocols in place. And the judge suggests that that was willful and malicious and intentionally done. And, and there was multiple misrepresentations potentially made to the grand jury to secure this indictment of James Comey. This ruling is so extraordinary, I want to go through it with you in a very methodical way so you can hear the words of Judge Fitzpatrick, the magistrate judge who made this extraordinary order. Government Turn over all of the grand jury material, including testimony, to James Comey and James Comey's lawyers. Let's take a look at at Lindsey Halligan potentially giving false instructions to the jury about the law. Here's what the judge says. The prosecutor statement that and this portion gets rejected is a fundamental and highly prejudicial misstatement of the law. That suggests the grand jury, that suggests to the grand jury that Mr. Comey does not have a Fifth Amendment right to not to testify at trial. The prosecutor's statement ignores the foundational rule of law that if Mr. Comey exercised his right not to testify, the jury could draw no negative inferences from the decision. The prosecutor statement that and then this portion gets redacted may have reasonably set an ex. May have reasonably set an expectation in the minds of the grand jurors that rather than the government bear the burden to prove Mr. Comey's guilt beyond a reasonable doubt at trial, the Burden shifts to Mr. Comey to explain away the government's evidence. In other words, did Lindsey Halligan essentially imply, we may not have all of the information right now, but we don't have to have it right now. James Comey can rebut the evidence at trial if he wants, but the burden is on Comey, which is an absolutely false statement of the law. Second, Judge Fitzpatrick says the prosecutor told the grand jury that there was and this portion gets redacted. This statement clearly suggested to the grand jury that they did not have to rely only on the record before them to determine probable cause, but could be assured that the government had more evidence to perhaps better evidence that would be presented at trial. In other words, the grand jury was skeptical that the evidence that was being presented was enough to indict James Comey. But it seems that Lindsey Halligan said, basically all you have to do is believe us that in the future we have better evidence. We don't need to show you all the evidence right now. This is all we've got. So just trust us that there's probable cause in the future. We. Which is a misstatement of law. So the judge, having read this, says, this is completely not what the law is. You're not allowed to tell a grand jury that you need to show this to James Comey and his lawyers so that they now can use it in a motion to dismiss based on grand jury misconduct as a result of what Lindsey Halligan did right here. One of the things that the judge also talks about is the disclosure of. Of privileged information from Daniel Richmond Comey's former lawyer. And basically the main person that the prosecution is claiming that James Comey gave information to to go to the press back in 2017 or 2016, and then Comey lied to the Senate is the argument about not telling people to go to the press is Comey's own former lawyer and friend, Daniel Richmond, a Columbia law professor. So just think about it like this. The two witnesses who the prosecutors claim support, you know, who the prosecutors claim would support their claim against Comey. One was Andrew McCabe, who's been here on the Midas Touch network. And he said, Comey never instructed me to go to the press. He didn't have to. He didn't have to authorize me. I did it on my own. So that can form the basis. The other is, is Comey's own personal lawyer, Daniel Richmond. And Richmond says Comey never authorized me to go to the press. But Richmond was also Comey's own personal lawyer. And the information between them is attorney client privilege that can't be invaded by the government in this fashion. So what the court says here is the nature and circumstances surrounding the disclosure of potentially privileged information established a reasonable basis to question whether the government's conduct was willful or in reckless disregard of the law. This is particularly significant because Agent 3, that's the only FBI agent to testify after having been exposed to potentially privileged information, chose to testify before the grand jury rather than separate himself from the investigation to contain any further exposure to to privileged information and limit any prejudice to Mr. Comey. The judge goes on to talk about how, as discussed above, the prosecutor made statements to the grand juries that could reasonably form the basis for the defense to challenge whether the grand jury proceedings were infected with constitutional error. And the grand jury transcript and recording likely do not reflect the full proceedings because although it is clear that a second indictment was was prepared and presented to the grand jury, the transcript and audio recording of the proceedings do not reflect any further communication after the grand jury began deliberating on the first indictment. So do you get that point there? The grand jury received two indictments. And again, this is not what's supposed to happen. They usually get one indictment.
