Comey Charged Ten Years to the Day: The Statute of Limitations Fight Explained | Jim Pfaff
The Jenny Beth ShowOctober 28, 202600:05:56

Comey Charged Ten Years to the Day: The Statute of Limitations Fight Explained | Jim Pfaff

Comey charged ten years to the day after the alleged leak, and it is not an indictment. Jim Pfaff on the criminal information and the ten-year clock.

Former FBI Director James Comey faces two counts under the Espionage Act, unsealed Monday by Judge Trevor McFadden in Washington. The alleged disclosure was October 5, 2016. The charge was filed under seal on October 5 of this year, ten years to the day, and it is the third time the Justice Department has charged him. Posts calling this an indictment are wrong: prosecutors filed a criminal information, which means they charged Comey without going to a grand jury. Guest host Robert McNeily asks Jim Pfaff, president of The Conservative Caucus, why that difference matters and why prosecutors waited for the very last day.

Pfaff, who says up front that he is not a lawyer, lays out the mechanics. Every criminal act carries a statute of limitations, here ten years, and a charge filed inside that window sets a marker that lets prosecutors keep pursuing the case. Comey's lawyers say the clock has already run; that is the fight the case turns on, and Pfaff expects judges to decide it on something other than the strict text of the law. He puts the case in the frame of ten years of lawfare: the people who pushed it broke the law too, the system almost never turns on Democrats unless they cross their own party, and Lady Justice wears a blindfold for a reason. The only way to end political prosecutions, he says, is to make the people who ran them pay a legal price, which is what the Justice Department is attempting.

In this segment:

• The timeline: October 5, 2016 to October 5, 2026
• A criminal information versus a grand jury indictment
• Setting a marker inside the statute of limitations
• Ten years of lawfare, Robert Menendez, and who gets charged
• Lady Justice is supposed to be blind

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Watch the full episode on The Jenny Beth Show channel.

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00:00 — Comey faces two counts: the ten-year timeline
00:24 — It is not an indictment: a criminal information
01:02 — Setting the marker inside the statute of limitations
02:09 — Filing before the grand jury, and the judges who decide
02:55 — Ten years of lawfare, and who gets charged
03:43 — Robert Menendez and when Democrats get prosecuted
04:12 — Lady Justice is supposed to be blind
04:50 — Comey and the Clinton email case

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