据直接了解调查的消息人士告诉美国广播公司新闻,唐纳德·特朗普钦点的弗吉尼亚州美国律师计划在未来几天要求大陪审团起诉前美国联邦调查局导演詹姆斯·科米涉嫌向国会撒谎,尽管检察官和调查人员确定没有足够的证据指控他。
本周早些时候,检察官提交了林赛·哈利根-特朗普的前私人律师他任命谁来领导熟悉备忘录的消息人士说,弗吉尼亚州东区美国检察官办公室-一份详细的备忘录建议她拒绝对科米提出伪证和妨碍指控。
消息人士称,DOJ检察官对科米进行了长达一个月的调查,但未能确定犯罪的可能原因,这意味着他们不仅无法通过证明指控超越合理怀疑来确保科米定罪,而且他们也无法达到明显较低的标准来确保起诉。
根据司法部指导方针,检察官通常被禁止提出指控,除非他们能够证明被告“更有可能被无偏见的事实审判员在合理怀疑之外认定有罪,并且定罪将在上诉中得到维持。”
消息人士称,尽管他们提出了建议,但在保险律师职业生涯中从未起诉过刑事案件的哈利根计划在指控罪行的诉讼时效下周到期前向大陪审团提交证据。
科米的律师没有立即回应置评请求。
哈利根显然计划对科米提出指控,此前特朗普发出了明确的指示,他在周末直接呼吁对科米、参议员亚当·希夫(Adam Schiff)和纽约司法部长莱蒂夏·詹姆斯(Letitia James)提起诉讼。
“什么也没做。科米、亚当·西夫蒂和莱蒂西亚呢???"特朗普周六晚上在一篇社交媒体帖子中写道,直接针对司法部长帕姆·邦迪。“我们不能再拖延了,这会损害我们的声誉和信誉。他们弹劾了我两次,并起诉了我(5次!),没事找事。正义必须得到伸张,现在!!!"
据消息人士透露,哈里根的副手——一名在特朗普任命哈里根担任这一高调职位的前一天被短暂任命为办公室主任的检察官——也对提起这一政治指控的案件表示保留。
消息人士称,哈利根本周至少两次被发现出现在DOJ总部,参加部分围绕科米问题的会议。
在特朗普推动起诉其政治对手的运动中,弗吉尼亚州东区的美国检察官办公室(该办公室负责起诉该国的大部分国家安全案件)陷入了混乱。
特朗普的前提名人埃里克·西伯特,从办公室辞职此前有消息称,他拒绝就毫无根据的抵押贷款欺诈指控对纽约司法部长莱蒂夏·詹姆斯提起诉讼。
特朗普后来声称他“解雇了”西伯特快速安装哈利根他继续史无前例地呼吁尽快起诉他的政敌。
特朗普周六表示:“我只是希望人们采取行动,他们必须采取行动,我们希望尽快采取行动。”。“他们既无情又恶毒。我被弹劾了两次。我被起诉了五次。结果是一笔虚假的交易。我们必须迅速行动,无论如何,无论如何:他们有罪,他们无罪。我们必须迅速行动。如果他们无罪,那很好。如果他们有罪,或者他们应该被指控,他们应该被审判。我们必须现在就做。”
特朗普长期以来一直批评科米,科米在特朗普的第一个任期内曾短暂担任美国联邦调查局主任,但由于他对俄罗斯涉嫌干涉2016年美国大选的调查的处理而被解雇。
今年早些时候,美国司法部(Justice Department)对科米展开调查,此前美国联邦调查局董事卡什帕特尔(Kash Patel)声称,在美国联邦调查局总部发现了包含与俄案调查有关的敏感文件的“燃烧袋”。
7月,中央情报局局长约翰·拉特克利夫发布了一份审查报告,认为2016年对涉嫌勾结的情报评估“是通过非典型的方式进行的”&科米和前中情局局长约翰·布伦南的《政治紧张环境下的腐败过程》。
当被问及7月份的调查时,特朗普告诉记者,他认为布伦南和科米是“真正的坏人和不诚实的人”。
“我会告诉你,我认为他们是非常不诚实的人。我觉得他们歪得要命。而且,也许他们必须为此付出代价,”特朗普说。
科米和布伦南都支持2016年情报评估的完整性,认为其关于俄罗斯干预选举的调查结果得到了支持两党国会调查以及以前的特别顾问罗伯特·穆勒的调查俄罗斯与特朗普2016年竞选的关系。
Newly appointed US attorney will attempt to charge James Comey despite prosecutors finding no probable cause: Sources
Donald Trump’s handpicked U.S. attorney in Virginia is planning to ask a grand jury in the coming days to indict former FBI Director James Comey for allegedly lying to Congress, despite prosecutors and investigators determining there was insufficient evidence to charge him, sources with direct knowledge of the probe told ABC News.
Earlier this week, prosecutors presented Lindsey Halligan -- Trump’s former personal attorneywhom he appointed to leadthe United States Attorney’s Office for the Eastern District of Virginia -- with a detailed memo recommending that she decline to bring perjury and obstruction charges against Comey, the sources familiar with the memo said.
A monthslong investigation into Comey by DOJ prosecutors failed to establish probable cause of a crime -- meaning that not only would they be unable to secure a conviction of Comey by proving the claims beyond a reasonable doubt, but that they couldn’t reach a significantly lower standard to secure an indictment, the sources said.
According toJustice Department guidelines, prosecutors are generally barred from bringing charges unless they can prove a defendant will "more likely than not be found guilty beyond a reasonable doubt by an unbiased trier of fact and that the conviction will be upheld on appeal."
Despite their recommendations, Halligan -- who has never prosecuted a criminal case in her career as an insurance lawyer -- plans to present evidence to a grand jury before the statute of limitations for the alleged offense expires next week, the sources said.
Comey's attorney did not immediately respond to a request for comment.
Halligan’s apparent plan to seek charges against Comey follows a clear directive from Trump, who over the weekend directly called for prosecutions against Comey, Sen. Adam Schiff and New York Attorney General Letitia James.
"Nothing is being done. What about Comey, Adam ‘Shifty’ Schiff, and Leticia???" Trump wrote in a social media post on Saturday evening, directly addressing Attorney General Pam Bondi. "We can’t delay any longer, it’s killing our reputation and credibility. They impeached me twice, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!!"
According to sources, Halligan’s deputy -- a prosecutor who was briefly assigned to lead the office just a day before Trump appointed Halligan to the high-profile position -- has also expressed reservations about bringing the politically charged case.
Halligan has been spotted at DOJ headquarters in Washington, D.C., at least twice this week for meetings which, in part, centered around the Comey matter, sources said.
The United States Attorney’s office in the Eastern District of Virginia -- which prosecutes the bulk of the country’s national security cases -- has been thrown into tumult amid Trump’s campaign to push for prosecutions of his political adversaries.
Erik Siebert, Trump’s previous nominee to the position,resigned from the officeafter sources said he refused to bring charges against New York Attorney General Letitia James over unfounded allegations of mortgage fraud.
Trump later claimed he "fired" Siebert andquickly installed Halliganinto the position, as he continued to make unprecedented calls for the speedy prosecution of his political foes.
"I just want people to act, they have to act, and we want to act fast," Trump said on Saturday. "They were ruthless and vicious. I was impeached twice. I was indicted five times. It turned out to be a fake deal. And we have to act fast, one way or the other, one way or the other: they're guilty, they're not guilty. We have to act fast. If they're not guilty, that's fine. If they are guilty, or if they should be charged, they should be judged. And we have to do it now."
Trump has long criticized Comey, who briefly served as the director of the FBI during Trump’s first term but was fired over his handling of an investigation into alleged Russian interference in the 2016 U.S. election.
The Department of Justice launched an investigation into Comey earlier this year after FBI Director Kash Patel claimed to discover "burn bags" containing sensitive documents at the FBI headquarters related to the Russia probe.
In July, CIA Director John Ratcliffe released a review that concluded the 2016 intelligence assessment over alleged collusion was “conducted through an atypical&corrupt process under the politically charged environments” of Comey and former CIA Director John Brennan.
When asked about the probe in July, Trump told reporters he believes Brennan and Comey are "truly bad people and dishonest people."
"I will tell you, I think they're very dishonest people. I think they're crooked as hell. And, maybe they have to pay a price for that," Trump said.
Comey and Brennan have both stood by the integrity of the 2016 intelligence assessment, arguing its findings on Russia's interference in the election were bolstered bybipartisan congressional investigationsas well as formerspecial counsel Robert Mueller's investigationon ties between Russia and Trump's 2016 campaign.