DOJ Has No Clue What It’s Doing With Comey Case, Legal Expert Warns

As former federal prosecutor Preet Bharara told MSNBC’s Jen Psaki following the revelation, this could pose “a big problem, legally and substantively” for Trump and the DOJ, giving Comey and the others mentioned in the message “viable motions to dismiss indictments.”

Comey’s attorney is reportedly looking to dismiss the case for “vindictive prosecution.” His trial is set for January, but before that, he can file a request to dismiss charges, on the ground that they were brought due to animus rather than legitimate legal reasons. As CNN’s Aaron Blake noted, if the Journal’s reporting is accurate, “it’s not inconceivable that an errant DM from Trump could be a big reason why Comey’s case is dismissed for vindictive prosecution.”

Though motions for vindictive prosecution are rarely successful, Bharara noted that Comey already has a better-than-average case for one, given Trump’s long record of public animosity toward him. What’s more, Bharara notes that the Journal’s reporting strongly suggests that additional communications between Trump and DOJ officials have taken place, which could help further determine the vindictiveness of the prosecution.