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    00:00:00
    You're watching the legal breakdown.
    00:00:01
    Glenn, this one blew my mind. It looks
    00:00:03
    like the Trump administration DOJ, Pam
    00:00:06
    Bondi's DOJ continues to put Lindseay
    00:00:09
    Haligan's name on indictments even after
    00:00:12
    she was ruled disqualified and that
    00:00:14
    resulted in indictments against James
    00:00:16
    Comey and Leticia James getting thrown
    00:00:18
    out. So, what in the world are they
    00:00:20
    thinking that they're continuing to use
    00:00:22
    this wrongly appointed prosecutor to
    00:00:24
    indict people knowing full well that
    00:00:26
    these indictments aren't going to stand
    00:00:27
    the test of time? You know, Brian, I
    00:00:30
    would say this is unbelievable, but of
    00:00:32
    course, it's entirely believable given
    00:00:34
    the lawless Department of Justice Pam
    00:00:37
    Bondi is running. Let's unravel this
    00:00:40
    one. There is a ruling that has been
    00:00:43
    entered by a a federal district court
    00:00:45
    judge that Lindseay Hallan who they
    00:00:48
    tried to sneak in as the intram US
    00:00:51
    attorney um to head up the James Comey
    00:00:54
    and Leticia James prosecutions. She was
    00:00:57
    unlawfully appointed and her appointment
    00:01:01
    her position is null and void. She's no
    00:01:04
    different than just kind of a citizen
    00:01:06
    off the street who walks into the US
    00:01:09
    attorney's office and tries to do
    00:01:11
    business. You can't do it lawfully. So,
    00:01:14
    it's interesting because after that
    00:01:16
    ruling came out, there is some reporting
    00:01:19
    that an email was sent to the um
    00:01:22
    prosecutors in the Eastern District of
    00:01:24
    Virginia US Attorney's Office saying,
    00:01:26
    "Okay, make sure Lindseay Halligan's
    00:01:28
    name is no longer on indictments on
    00:01:32
    government pleadings, motions, briefs
    00:01:35
    that are filed in district court, which
    00:01:37
    was the right thing to do. They said,
    00:01:39
    "Make sure you include the name of the
    00:01:42
    the first assistant US attorney who can
    00:01:45
    kind of act as the the boss of the
    00:01:48
    office until they sort this thing out."
    00:01:51
    And then the reporting is about an hour
    00:01:54
    or two later, there was a new email that
    00:01:56
    came out that said in substance, "Nope,
    00:01:58
    put Lindseay Halligan's name back on
    00:02:00
    everything." You can just see the call
    00:02:03
    coming down from, you know, the orange
    00:02:05
    man in the Oval Office like, "We will
    00:02:07
    not give in. we will not comply with
    00:02:09
    this court order, this court ruling. I
    00:02:12
    don't know if that's where it had its
    00:02:13
    its genesis, but that's what happened.
    00:02:16
    So, what we have now, Brian, is a
    00:02:18
    federal prosecutor's office in Virginia
    00:02:21
    doing business, including the name of
    00:02:24
    somebody who is no longer the lawful US
    00:02:28
    attorney for that jurisdiction,
    00:02:30
    including the name on court pleadings.
    00:02:32
    So, the next question is, well, what are
    00:02:34
    the implications? Well, there are a
    00:02:37
    couple. First of all, we have seen this
    00:02:39
    movie before because other judges have
    00:02:42
    ruled that the Trump administration and
    00:02:45
    Pam Bondi's DOJ unlawfully put other
    00:02:49
    intram US attorneys into the position
    00:02:52
    like Elena Haba in the federal district
    00:02:54
    of New Jersey, like Billy in the middle
    00:02:58
    district of California jurisdiction. And
    00:03:02
    what happened in those cases when judges
    00:03:05
    ruled they were not lawfully in the
    00:03:07
    position when for example Bill Asali
    00:03:10
    would go into the grand jury and his
    00:03:11
    name would appear on an indictment there
    00:03:14
    was sort of a saving mechanism. There
    00:03:17
    was a second name on the indictment of
    00:03:20
    an actual federal prosecutor in the
    00:03:23
    California US attorney's office and the
    00:03:25
    judge out in California ruled okay well
    00:03:29
    is disqualified. However, there is a
    00:03:32
    second legitimate prosecutor's name on
    00:03:34
    the indictment and that saves it. Of
    00:03:37
    course, that was not the case in the
    00:03:39
    James Comey and the Leticia James uh
    00:03:42
    cases on their indictments. It was only
    00:03:44
    Lindsey Hallagan. So, those things have
    00:03:46
    been thrown out. They have been ruled
    00:03:48
    null and void. You would have thought
    00:03:50
    DOJ would have learned its lesson. But
    00:03:53
    no, they are stubbornly, you know, like
    00:03:55
    an obstinate child with apologies to
    00:03:59
    obstinate children. just continuing to
    00:04:01
    lawlessly put her name on court filings.
    00:04:06
    What I suspect is going on there, and I
    00:04:08
    can probably go on what's called Pacer,
    00:04:10
    the online computer database that shows
    00:04:13
    you all federal court pleadings. I
    00:04:15
    suspect they're smart enough to have a
    00:04:18
    second name on those pleadings. And
    00:04:20
    they're leaving her name on just as a
    00:04:23
    way to kind of stick their finger in the
    00:04:25
    eye of Judge Curry, who entered this
    00:04:27
    ruling. and the federal judiciary writ
    00:04:30
    large. So, this is more of a a um
    00:04:33
    symbolic FU than a substantive FU in my
    00:04:37
    opinion.
    00:04:38
    >> Right. That that's what I was going to
    00:04:39
    dig into. This idea that if the Trump
    00:04:42
    administration conceds that her name
    00:04:44
    can't be let onto these indictments,
    00:04:46
    then it's kind of a capitulation. It's
    00:04:48
    kind of them admitting fault. and and it
    00:04:51
    looks like they're still going to go to
    00:04:52
    the mat on those existing indictments
    00:04:55
    against Leticia James and James Comey
    00:04:57
    even though they've been dismissed.
    00:04:58
    They're likely just going to appeal
    00:05:00
    them. Um doomed though that may be. And
    00:05:03
    so any effort, you know, to even give
    00:05:06
    the optics that they're capitulating or
    00:05:08
    admitting any fault would be completely
    00:05:10
    unacceptable for this administration
    00:05:12
    given those ongoing prosecutions that
    00:05:14
    they're not going to let die.
    00:05:16
    >> You're exactly right. But Brian, their
    00:05:19
    tactical imbecile because what did they
    00:05:22
    already do? Sent out a mass offwide
    00:05:26
    email according to the reporting telling
    00:05:28
    everybody, okay, okay, okay, get her
    00:05:30
    name off. That is the right thing to do
    00:05:33
    and it is in keeping with the lawful
    00:05:36
    ruling that was handed down by Judge
    00:05:38
    Curry. But then you can see somebody
    00:05:41
    thought better of it and they're like,
    00:05:42
    you know what, we're not going to abide
    00:05:44
    by that court ruling. Put it back on.
    00:05:47
    So, it's kind of the worst of all worlds
    00:05:50
    for the Trump administration.
    00:05:52
    >> You see that they've already lost their
    00:05:54
    plausible deniability because because
    00:05:56
    they had sent that email out. And then
    00:05:58
    you see that somebody somebody with an
    00:06:00
    ego, somebody, you know, like I wonder
    00:06:02
    who this could be, but somebody with an
    00:06:03
    ego decided to to send on the edict,
    00:06:06
    undermining the previous email and just
    00:06:08
    trying to basically say that that, you
    00:06:10
    know, we're just going to defy the law
    00:06:11
    even though we know better because there
    00:06:13
    was an email sent but two hours earlier.
    00:06:16
    And all of this is going to come home to
    00:06:18
    roost because this is going to inspire
    00:06:20
    new litigation. You know, Brian, every
    00:06:22
    single defendant who is being prosecuted
    00:06:25
    by the Eastern District of Virginia US
    00:06:27
    Attorney's Office who sees that there
    00:06:29
    has been a court filing with the
    00:06:31
    inclusion of somebody who's not lawfully
    00:06:34
    part of the case, Lindseay Halligan.
    00:06:36
    that will inspire an attack and you're
    00:06:39
    going to see a flood of motions to
    00:06:41
    dismiss based on the fact that there is
    00:06:43
    some kind of an interloper who has been
    00:06:46
    making appearances in these cases by
    00:06:49
    virtue of Lindsey Hallagan's name being
    00:06:51
    part of official court filings or
    00:06:53
    pleadings or maybe even indictments. So
    00:06:56
    this is them endangering the people of
    00:07:00
    Virginia who, you know, are are being
    00:07:03
    protected and served in theory by the
    00:07:06
    prosecutors in that US attorney's
    00:07:08
    office. And that's what I want to dig
    00:07:10
    into here. But just a quick note for
    00:07:11
    anybody who's watching, if you'd like to
    00:07:13
    support our work, the best way to do
    00:07:15
    that is to subscribe to both of our
    00:07:16
    channels. I'm going to put the links in
    00:07:17
    the post description of this video.
    00:07:19
    Completely free, but a great way to
    00:07:20
    support us and independent media. Glenn,
    00:07:23
    on that point, you got to imagine that
    00:07:24
    the prosecutors who are going in front
    00:07:26
    of the DOJ right now recognizing that
    00:07:28
    Lindsay Haligan's name is going to be on
    00:07:30
    those indictments that they're just
    00:07:32
    frothing at the mouth to to be able to
    00:07:34
    ultimately dismiss their cases against
    00:07:36
    their clients because there's an
    00:07:38
    improperly appointed prosecutor who's
    00:07:40
    going to who's going to have her name on
    00:07:42
    these documents. Is that correct?
    00:07:43
    >> Yeah, Brian, I suspect we're going to
    00:07:45
    see two things happen moving forward.
    00:07:47
    one, any self-respecting prosecutor, and
    00:07:50
    I have a feeling that is all of the
    00:07:53
    career prosecutors at the Eastern
    00:07:55
    District of Virginia US Attorney's
    00:07:58
    Office, many of whom are still there
    00:08:00
    from my time as a federal prosecutor in
    00:08:03
    DC. And I would work together with them
    00:08:06
    when we had crossborder cases involving
    00:08:09
    the same defendant, the same witness,
    00:08:12
    the same aspiring cooperator. I had
    00:08:14
    countless matters in common with that
    00:08:17
    office. They are a crack office, a very
    00:08:20
    good, strong, um, reputable US
    00:08:23
    attorney's office. I suspect you're
    00:08:25
    going to see the career prosecutor say,
    00:08:27
    "I don't want my name on an indictment,
    00:08:30
    on a motion, on a brief, on a pleading
    00:08:34
    that includes an unlawfully appointed, a
    00:08:37
    disqualified
    00:08:39
    intram US attorney." So, I will not
    00:08:41
    sign. The second thing I think you're
    00:08:43
    going to see happen, Brian, is the
    00:08:45
    federal judges in the Eastern District
    00:08:48
    of Virginia, what we call the Rocket
    00:08:50
    Docket. Let me tell you, they are a
    00:08:52
    nononsense group of federal judges. Um,
    00:08:55
    they will probably begin to strike
    00:08:58
    Lindseay Halligan's name off every
    00:09:01
    pleading that is filed in a case over
    00:09:03
    which they are presiding. They will say,
    00:09:06
    "I am not going to permit the
    00:09:08
    government, the DOJ to file court
    00:09:11
    pleadings that have the name, a
    00:09:13
    signatory of somebody who a judge has
    00:09:17
    disqualified because she is not lawfully
    00:09:20
    in the position." So, you're going to
    00:09:22
    see a series of consequences. And this
    00:09:25
    is not just sort of a a one-day story.
    00:09:28
    Well, you got to imagine too when the
    00:09:30
    administration is not engaged in
    00:09:32
    vindictive or selective prosecutions
    00:09:35
    that they that they're actually
    00:09:36
    prosecuting people who deserve
    00:09:38
    prosecution. And so when your energy is
    00:09:40
    focused on protecting your ego and
    00:09:42
    making sure that Lindsay Halligan's name
    00:09:43
    can still be on this thing, then you
    00:09:45
    endanger these prosecutions for people
    00:09:47
    who presumably shouldn't be on the
    00:09:49
    streets. And so by virtue of doing this,
    00:09:51
    because again they just have to massage
    00:09:53
    Donald Trump's fragile ego, all they're
    00:09:56
    doing in effect is keeping us less safe
    00:09:58
    because people who should be prosecuted
    00:10:00
    instead have a giant loophole that they
    00:10:02
    can exploit to make sure that their
    00:10:03
    prosecution doesn't go through. Public
    00:10:06
    safety is not a priority. It may not
    00:10:09
    even be a goal of Donald Trump's
    00:10:12
    Department of Justice because they are
    00:10:15
    literally endangering imperiling these
    00:10:19
    prosecutions from successfully moving
    00:10:22
    forward and holding wrongdoers
    00:10:24
    accountable. But again, that's not their
    00:10:26
    focus. That's not their priority. Their
    00:10:28
    priority is to appease dear leader at
    00:10:32
    every turn regardless of the
    00:10:34
    implications to any criminal prosecution
    00:10:37
    of doing so.
    00:10:38
    >> And finally, Glenn, I want to talk for a
    00:10:40
    moment about what the status is of those
    00:10:43
    disqualified prosecutions as it relates
    00:10:46
    to James Comey and Leticia James. As we
    00:10:49
    know, Donald Trump does not take no for
    00:10:51
    an answer. We can see that on full
    00:10:52
    display right here with his inability to
    00:10:54
    allow Lindseay Halligan's name to be
    00:10:56
    struck from these documents. So, where
    00:10:58
    do we stand in terms of the appeals
    00:11:00
    process for James Comey and Leticia
    00:11:02
    James?
    00:11:03
    >> Yeah, great question. Not all dismissed
    00:11:05
    indictments are created equal. And
    00:11:08
    here's what I mean by that. So, within
    00:11:10
    10 days of the dismissal, the
    00:11:13
    government, the DOJ has to file its
    00:11:15
    notice of appeal. So, it still has a few
    00:11:17
    days left on the clock, but they can
    00:11:20
    just go ahead and refile charges against
    00:11:23
    Leticia James, assuming they have a
    00:11:25
    fully qualified federal prosecutor, go
    00:11:27
    into the grand jury, do it, and sign the
    00:11:30
    indictment, which I suspect they will.
    00:11:32
    Um, although they may just, you know,
    00:11:34
    leave uh Lindseay Alligan's name on it
    00:11:37
    again and take advantage of the
    00:11:39
    California Bill of Sale rule, right?
    00:11:41
    because as long as there's one qualified
    00:11:43
    prosecutor, the the indictment should
    00:11:46
    survive. So, that'll be another kind of
    00:11:48
    thumb in the eye of the federal
    00:11:50
    judiciary if they do that. But, they'll
    00:11:52
    probably go ahead and reindict Leticia
    00:11:54
    James because it's still within what we
    00:11:56
    call the statute of limitations. There's
    00:11:58
    still time to bring that indictment. I'm
    00:12:00
    not sure what they're going to do with
    00:12:01
    the James Comey one. I assume they're
    00:12:03
    going to appeal both and they may
    00:12:05
    actually wait for the appeal to work its
    00:12:07
    way through the system before they
    00:12:09
    decide if they want to try to refile
    00:12:11
    charges against Comey because his case
    00:12:14
    is no longer within the statute of
    00:12:16
    limitations. It has timed out and it
    00:12:19
    can't be rebroad unless they win the
    00:12:23
    appeal and the appellet court overturns
    00:12:26
    Judge Curry's dismissal. So, they're in
    00:12:29
    they're in somewhat different postures
    00:12:31
    and I expect we may see the two cases
    00:12:33
    treated a little bit differently, but we
    00:12:35
    should know um in the coming days when
    00:12:38
    we see a potential notice of appeal
    00:12:41
    filed by the Department of Justice.
    00:12:43
    >> Well, whatever happens, I'm sure that
    00:12:44
    they're going to follow the rules and
    00:12:46
    respect uh respect the entire judicial
    00:12:48
    process. That's one thing that we can be
    00:12:50
    absolutely sure of. Uh, with that said,
    00:12:52
    for those who are watching right now, if
    00:12:53
    you'd like to follow along with whatever
    00:12:54
    happens on these pieces of news, as well
    00:12:57
    as all other legal news, again, please
    00:12:59
    make sure to subscribe. I'm going to put
    00:13:00
    the links to both of our channels right
    00:13:01
    here on the screen. Great way to support
    00:13:03
    us, to support independent media, and it
    00:13:05
    is and always will be 100% free. I'm
    00:13:07
    Brian Teller Cohen
    00:13:08
    >> and I'm Glenn Kersner.
    00:13:10
    >> You're watching the Legal Breakdown.

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    Legal Breakdown episode 629: Justice Department continues indictments with disqualified prosecutor Subscribe to @GlennKirschner2 For more from Brian Tyler Cohen: Straight-news titled YouTube: https://www.youtube.com/@BrianTylerCohenNews YouTube (español): https://www.youtube.com/@briantylercohenespanol Order my #1 NYT bestselling book: https://www.harpercollins.com/pages/shameless Newsletter: https://plus.briantylercohen.com/ Twitch: https://www.twitch.tv/briantylercohen Apple Podcasts: https://podcasts.apple.com/us/podcast/no-lie-with-brian-tyler-cohen/id1515399733 Spotify: https://open.spotify.com/show/0066rKCBIycIMI4os6Ec5V Twitter: https://twitter.com/briantylercohen Instagram: https://www.facebook.com/unsupportedbrowser Facebook: https://www.facebook.com/unsupportedbrowser TikTok: https://www.tiktok.com/@briantylercohen Bluesky: https://bsky.app/profile/briantylercohen.bsky.social Threads: https://www.facebook.com/unsupportedbrowser

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