The Trump Justice Department’s indictment of former FBI Director James Comey is so flimsy that even Fox Business is second-guessing it.
“Well I don’t think there’s a case.… I’m as big a critic of [the Russiagate stuff] probably as there is, I wrote a book about it, I think it was a disgrace, and history will remember it that way,” conservative lawyer and National Review contributing editor Andrew McCarthy told Mario Bartiromo on Friday. “This indictment is not about that, and it seems to be premised on something that’s not true, which is that [former FBI 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 is he directed a leak to The Wall Street Journal and told Comey about it after the fact.”
Comey has been charged with one count of making a false statement during a Senate hearing and one count of obstructing Congress. If convicted, he could face up to five years in prison.
“What about the leaking in general? What about leaking a story that they may have known was a lie to the media?” Bartiromo asked, still trying to pin Comey for Russiagate. “Because, if you’re the director of the FBI, you need the evidence.… What was the origins of Russia’s collusion with Trump? They never really had any evidence of it, but they leaked it to the press?”
“Yeah but that’s not what this case is about,” McCarthy responded. “What this case is about is, Comey is accused of lying because what Ted Cruz said … was that Comey authorized McCabe to orchestrate the leak. And what the inspector general found … McCabe said that he directed the leak, and he told Comey about it afterwards.… The charge is that Comey authorized the leak, and he didn’t authorize the leak.”
McCarthy isn’t the only one who thinks it’s a weak case. Attorney General Pam Bondi and her Justice Department have reportedly expressed apprehension over the Comey indictment for the exact reasons McCarthy offered above.
Andrew McCarthy to Maria Bartiromo on Comey indictment: “I don’t think there’s a case … it seems to be premised on something that’s not true, which is that McCabe said that Comey authorized him to leak to the Wall Street Journal … I don’t see how they can make that case.” pic.twitter.com/PrSg6YBSOL
— Aaron Rupar (@atrupar) September 26, 2025
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