MIKE DAVIS: Clinton-appointed judge once again sabotages DOJ's Comey case

After much than 8 years of Democrat lawfare against President Trump, his aides and his allies, the Justice Department nether Attorney General Pam Bondi is bringing much-needed accountability — which is what American voters demanded successful our past statesmanlike election. But Democrat activistic judges are doing what they bash best: weaponization and sabotage.

James Comey, Donald Trump (Getty Images)

In South Carolina, Clinton-appointed Judge Cameron Currie — handpicked by a Biden-appointed justice — wrongly disqualified Eastern District of Virginia U.S. Attorney Lindsey Halligan, the bold and fearless authoritative who had secured an indictment against erstwhile FBI Director James Comey for lying and obstruction of a Senate probe into his politicization, weaponization, and corruption of the intel agencies and instrumentality enforcement to spell aft governmental enemies and support governmental allies. The authorities is appealing that determination to the Fourth Circuit Court of Appeals.  Now, different Clinton-appointed justice successful the District of Columbia, Colleen Kollarr-Kotelly, has interfered adjacent much egregiously with the government’s case. This ruling threatens the separation of powers indispensable to the Republic, and either the D.C. Circuit oregon Supreme Court indispensable intervene immediately.

Daniel Richman, a prof astatine Columbia Law School successful New York, testifies earlier the Senate Committee connected the Judiciary connected September 18, 2007, successful Washington, D.C.  (Photo by Stephanie Kuykendal/Bloomberg via Getty Images)

Comey was indicted connected 2 charges: making mendacious statements to Congress and obstruction of Congress. The indictment stemmed from the events surrounding Operation Crossfire Hurricane, much colloquially known arsenic the Russiagate hoax. Comey utilized his longtime friend, Columbia Law Professor Daniel Richman, arsenic a conduit to leak worldly unfavorable to President Trump to media outlets. In summation to being a instrumentality professor, Richman was a authorities contractor. He and Comey communicated often via email connected authorities and backstage accounts. Communications connected a authorities email relationship bask nary tenable anticipation of privateness — the modular nether the Fourth Amendment arsenic a effect of Justice Harlan’s concurrence successful Katz v. United States (1967) — due to the fact that the authorities tin show its ain email servers.

Six years ago, adjacent Obama-appointed Judge James Boasberg, a judicial disgrace astir whom we often person written, signed a warrant authorizing the hunt and seizure of emails connected Richman’s machine and iCloud relationship and his relationship astatine Columbia. Richman was capable to reappraisal each emails and withhold the accusation helium deemed privileged from each but 1 account. Now, Richman — who was the recipient of galore emails from Comey and the sender of galore emails to him — has sought to reclaim those emails pursuant to Federal Rule of Criminal Procedure 41(g). This regularisation allows an idiosyncratic to inquire a tribunal to reclaim his spot obtained pursuant to an unlawful hunt and/or seizure successful usurpation of the Fourth Amendment.

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Shockingly, Kollar-Kotelly granted the question and has ordered the FBI to destruct the emails by 4 p.m. connected Monday.  Kollar-Kotelly’s ruling ordered the demolition of emails obtained pursuant to a warrant signed by different (Obama) justice six years ago.  She claims that the seized accusation relates to a caller investigation; however, she is basing this assertion connected a determination by Eastern District of Virginia U.S. Magistrate Judge William Fitzpatrick. Fitzpatrick issued a suppression-like determination adjacent though suppression was not briefed by the parties — yet different illustration of blatant and unlawful judicial sabotage by partisans successful robes.

Collar-Kotelly has ordered that a transcript of the emails beryllium fixed to Biden-appointed Judge Michael Nachmanoff, who is presiding implicit the Comey lawsuit successful Virginia. This salvation of a transcript of the emails, however, does not lessen the interaction of Kollar-Kotelly’s horrible ruling. The FBI and the prosecution volition beryllium incapable to reappraisal them successful their efforts to question a caller indictment if Currie’s dismissal ruling survives connected appeal. The statute-of-limitations instrumentality allows the authorities lone six months aft an indictment’s dismissal, suspended during the appellate process, to question a caller indictment. The inability to presumption this grounds would substantially summation the clip indispensable to question an indictment.  Even if a higher tribunal reverses Currie, the government’s inability to reappraisal the emails to usage arsenic grounds and hole for proceedings would massively hamper its case.

Kollar-Kotelly’s determination is much disturbing due to the fact that it implicates the separation of powers. Usually, Rule 41(g) comes into play wherever a suspect has had spot wrongly seized, and helium moves to reclaim it. Here, Comey is not seeking to reclaim anything; Richman, a then-government contractor with whom Comey communicated extensively astir authorities business, is seeking this evidence. Richman has tally to a partisan Democrat justice not adjacent progressive successful the transgression lawsuit — and not adjacent successful the aforesaid territory — to procure the demolition of important grounds successful that lawsuit successful an evident effort to assistance his person Comey. Comey cannot situation the warrant against Richman due to the fact that helium lacks lasting to bash so. Incredibly, Kollar-Kotelly suggested that Richman could determination to quash this grounds successful Virginia.  She’s going mode retired of her mode to assistance Comey. Judges presiding implicit cases often person excluded grounds against defendants arsenic having been obtained successful usurpation of the Fourth Amendment. It is, however, bonzer for a antithetic justice — particularly successful a antithetic territory — to interfere successful and dramatically hamper the prosecution’s lawsuit based connected a assertion by a 3rd enactment of a wrongful hunt and seizure, particularly erstwhile the grounds the authorities wishes to usage consists of communications betwixt that 3rd enactment and the suspect — a suspect who was a elder authorities official.

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The authorities obtained the grounds it wishes to usage against Comey pursuant to a lawful warrant, adjacent 1 signed by a highly partisan Obama-appointed judge. Now, a Clinton-appointed justice who is not presiding implicit the lawsuit — and is not adjacent successful the aforesaid territory — is blatantly trying to assistance Comey by preventing the authorities from utilizing that grounds either to re-indict Comey oregon effort him if the archetypal indictment is reinstated. This ruling contravenes the mean mode successful which Rule 41(g) applies. The Clinton judge’s staggering timeline — demolition by time day — besides illustrates her agenda. She should person stayed a ruling of specified magnitude to let the appellate process to play out.  Instead, she has enactment the authorities successful an incredibly precarious position: having to get a enactment from either the D.C. Circuit oregon the Supreme Court successful conscionable a fewer hours. Kollar-Kotelly’s bid had nary ineligible basis, and a higher tribunal indispensable enactment a halt to it.

Kollar-Kotelly’s ruling is portion of a larger pattern. Leftist judges similar Obama-appointed D.C. Judge Tanya Chutkan — who presided implicit President Trump’s January 6-related case, Boasberg, who signed disconnected connected the nationalist disgrace that was Operation Arctic Frost, and galore different Democrat judges did thing to halt and did overmuch to escalate the lawfare waged against President Trump, his aides, and his allies. Now, the Justice Department is seeking ineligible accountability for lawfare perpetrators similar Comey. Currie and Kollar-Kotelly person endeavored to forestall — or, astatine the precise least, drastically alteration the chances of — specified ineligible accountability. Courts bash not bid the FBI to destruct grounds successful pending investigations, but erstwhile the grounds is harmful to a lawfare perpetrator similar Comey. The inconsistency betwixt the attraction afforded lawfare perpetrators and lawfare targets threatens the precise legitimacy of the national judiciary. If higher courts bash not reign successful these rogue judges, Congress indispensable bash truthful done oversight, withholding of funds from judicial appropriations, and impeachment.  A strategy wherever the judiciary enables lawfare and past shields its perpetrators from ineligible consequences is unsustainable, and higher courts indispensable enactment a halt to it.