Dan Abrams Says Trump Rants Could Sink Comey Case — and Supreme Court Won’t Touch It
Mediaite founder and ABC News chief legal analyst Dan Abrams said President Donald Trump’s long history of rants against former FBI Director James Comey could torpedo the prosecution against him — and the Supreme Court isn’t likely to wade in and rescue it.
News broke Wednesday that Comey and New York AG Letitia James (D) would likely face indictment days after Trump publicly pressured Attorney General Pam Bondi to go after a list of enemies in a DM-style Truth Social post and again in remarks to reporters. Sure enough, the indictment dropped on Thursday, with a defiant Comey pledging to fight it out in court.
Many observers believe that Trump’s explicit pressure campaign to charge Comey could lead to a strong “malicious prosecution” defense.
On Friday’s edition of ABC’s Good Morning America, anchor George Stephanopoulos asked Mr. Abrams for his legal insights and raised the issue of Trump’s constant pressure. Abrams agreed it could be a serious problem for the prosecution:
GEORGE STEPHANOPOULOS: And Dan, all of these public statements from the president could actually help James Comey get this thrown out by a judge.
DAN ABRAMS: Correct, correct. I mean, look, that’s going to be the first question is, is this case even going to make it to trial? Is a judge going to throw out this case?
And that is certainly going to be part of the defense’s argument, is citing each and every one of the social media posts by the president, demanding this prosecution and looking at the sort of the history of how we got here.
GEORGE STEPHANOPOULOS: And if that happens, we could see this whole thing go to the Supreme Court.
DAN ABRAMS: We could. We could.
But I think that the more likely scenario is that the Supreme Court would be happy to let the lower courts deal with this one. That’s my guess.
Watch above via ABC’s Good Morning America.