In this episode of Passing Judgment, we cover the arraignment of former FBI Director James Comey. Host Jessica Levinson explains the charges against Comey and outlines his defense strategies, including claims of vindictive prosecution and challenges to the validity of the prosecutor’s appointment. Tune in as Jessica breaks down the legal complexities and what this high-profile case means for the broader landscape of justice.

Here are three key takeaways from the episode:

• Challenge to Validity of Appointment: Comey’s defense intends to argue that the U.S. attorney who brought the indictment, Lindsey Halligan, may not have been validly appointed. If successful, the charges can't simply be refiled due to the expiration of the statute of limitations.

• Selective and Vindictive Prosecution Motions: The defense plans to file motions asserting that the prosecution was brought with political animus and lacked objective justification—raising important questions about equal protection and due process under the law.

• High Bar for Prosecution: To secure a conviction, prosecutors must prove that Comey knowingly made false statements and intentionally obstructed Congress—standards that can be difficult to meet, especially with the complex context and timing of the indictment.

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