As former FBI Director James Comey publicly defends himself against a grand jury indictment, one legal analyst and former assistant U.S. attorney argues the case needs to be "thrown out."
"I don't think there's a case," Fox News contributor Andrew McCarthy said on "Mornings with Maria" Friday. "The Russiagate stuff, I'm as big a critic of that probably as there is. I wrote a book about it. I think it was a disgrace and history will remember it that way. This indictment is not about that."
Comey has declared himself "not afraid" of President Donald Trump's Justice Department after being indicted Thursday for allegedly lying to Congress and obstructing a congressional proceeding.
Comey was indicted by a grand jury following a probe centered on whether he lied to Congress during his Sept. 30, 2020, testimony about his handling of the original Trump-Russia investigation at the FBI, known inside the bureau as "Crossfire Hurricane." The indictment also alleges Comey falsely testified that he did not authorize someone at the FBI to be an anonymous source.
"My heart is broken for the Department of Justice, but I have great confidence in the federal judicial system," Comey said in an Instagram post. "I'm innocent. So let's have a trial and keep the faith."
Former Federal Bureau of Investigation Director James Comey speaks to members of the media at the Rayburn House Office Building after testifying to the House Judiciary and Oversight and Government Reform committees on Capitol Hill December 7, 2018. (Getty Images)
"[The indictment] seems to be premised on something that's not true, which is that [former Deputy Director Andrew] McCabe said that Comey authorized him to leak to the Wall Street Journal. If you look closely at what McCabe said, what McCabe said was that he directed a leak to The Wall Street Journal and told Comey about it after the fact," McCarthy explained.
"So it's true that Comey never authorized it in the sense of okaying it before it happened," the legal expert expanded. "So I don't see how they can make that case."
Patrick J. Fitzgerald will represent Comey in the case and said his client denies the charges. The judge assigned to the case is U.S. District Judge Michael Nachmanoff, who was appointed by former President Joe Biden in 2021.
"I [have known] Comey for 40 years. I like him, I was in the office with him," McCarthy said. "But on legal stuff, I try to be clinical and call it as I see it. So I think this judge should throw the case out, but I'm afraid that he won't throw the case out because everyone will say, ‘He's a Biden judge and the fix is in.’"
"Even though I wouldn't want to go through it myself, it's probably better if there's a trial and the jury acquits him. But this case should be thrown out," McCarthy continued.
The indictment marks a stunning legal turn for the man who once led the bureau through the Hillary Clinton email controversy and Russia investigation. Under federal law, prosecutors have five years to bring a charge, with the five-year mark occurring Tuesday.
Comey will reportedly turn himself in on Friday, and his arraignment is set for 10 a.m. on Oct. 9.
Fox News’ Michael Dorgan, Brooke Singman, David Spunt and Greg Wehner contributed to this report.