Comey Lawyers Tell Federal Judge: “Here’s your opportunity, judge, to make some law”…

There is growing acceptance that federal officials feel they are above the law; two sets of legal principles that apply; one exclusive set for them, and another set for everyone else.

Though it might seem rather stunning for any federal official to make such an admission in public, that’s exactly what happened today. Lawyers representing former FBI Director James Comey made exactly that argument. Recognizing Mr. Comey had no legal basis to avoid a congressional subpoena, Comey’s lawyers actually said:

“Here’s your opportunity, judge, to make some law.” (link)

Former FBI chief James Comey is trying to avoid being deposed by a joint committee in congress for his conduct in the 2015, 2016 and 2017 DOJ/FBI operations against candidate Donald Trump. Today congressional lawyers responded to Comey’s lawsuit attempting to avoid questioning (full pdf below).

The statement from lawyers representing James Comey was made during a hearing in front of federal Judge Trevor McFadden.  They are asking the judge to create laws from the bench.

Think about this.

These are lawyers for the former United States FBI Director asking a federal judge to ignore all current law and create law, a special law, specifically to the benefit of their client.

Now, accepting that James Comey is asking a federal judge to ignore the law, ask yourself what James Comey was likely doing as the FBI Director.

WASHINGTON DC –  Attorneys for former FBI Director James Comey and the US House of Representatives fought in court Friday afternoon over whether Comey must testify to Congress in a private hearing next week.

While Comey technically seeks to pause or kill the subpoena, he is using the case to air his accusation that members of the Republican-led House and Senate selectively leak details for their own benefit when they call witnesses to testify in private.

Attorneys for the House called Comey’s request “so extraordinary and frivolous that, as far as undersigned counsel is aware, no district court in the history of the Republic has ever granted such a request.”

Judge Trevor McFadden said at the hearing that he hoped to rule Monday morning after meeting again with both legal teams.

The meat of Friday’s dispute was how each side characterizes Comey’s congressional subpoena. Comey’s team says Congress is in violation of its own rules by not conducting its fact-finding hearing in public. The hearing won’t require that level of secrecy because no sensitive law enforcement information is expected to be discussed, Comey’s team said.

The House general counsel countered that because Comey’s testimony would be a deposition with staff, a public session isn’t required.

McFadden asked whether Comey could release a transcript of his testimony to get the full picture before the public. But Comey’s lawyers said that would take too much time, allowing leaks of the information before Comey could release his full testimony.

When McFadden asked Comey’s attorney whether he agreed with the House that a judge has never limited Congress in this way before, the lawyer David Kelley responded, “Here’s your opportunity, Judge.”  (read more)

Here’s the House Counsel filing:

This entry was posted in Abusive Cops, Big Government, Big Stupid Government, Conspiracy ?, Decepticons, Deep State, Dem Hypocrisy, Dept Of Justice, FBI, IG Report Clinton Investigation, IG Report FISA Abuse, IG Report McCabe, media bias, Notorious Liars, President Trump, Spygate, Uncategorized. Bookmark the permalink.

262 Responses to Comey Lawyers Tell Federal Judge: “Here’s your opportunity, judge, to make some law”…

  1. Heika says:

    What you all might consider is this. There is a whole weekend for ‘the deep state’ to help Judge McFadden (and his family and pets) make ‘THE RIGHT’ decision… so brace yourselves.

    Liked by 12 people

    • Anonymous says:

      Like this… tell me they’re not going to act similarly:

      Liked by 1 person

    • Nunya Bidness says:

      A ruling to overturn a Congressionsl subpoena would trigger a genuine Constitutional crisis if not slapped down by SCOTUS. What it is the basis in law for the judge to rule on this matter?

      Liked by 1 person

      • Abel says:

        We currently have a constitutional crisis. Our govt has been weaponized against its citizens and the corrupt govt. officials are trying to oust a duly elected president and the doj/fbi/cia are doing nothing about it. Plus many other scandals like cheating at elections, inviting invaders to invade our country, promoting riots and much more.
        Yes I agree that congress’s inability to do their job or hold anyone accountable or potentially get illegally steam rolled by a judge has helped lead to our current constitutional crisis.

        Like

  2. Heika says:

    There should not have been any ‘thinking about it’ time. There is the law, and their request is against it. That judge has just put himself in a very stupid position.

    Liked by 10 people

    • Abel says:

      Amen Heika! Stop the bullshit your honor! No need for a blue ribbon committee or another 72 hours for you to get swayed into a bad decision. Our govt and judicial system has become Mexico’s. It’s embarrassing.

      Like

  3. Comey was one of the leakers in chief, now, all of a sudden, he is afraid of leaks? What a hypocrite!!!!

    Liked by 13 people

  4. truthbomb says:

    Why does McFadden need another couple days to think about it?

    Liked by 5 people

  5. Pete says:

    Most all agree that Comey is not above the law. That being said, McFadden needs to apply the law as written. He better watch his step. Comey, if you did nothing wrong, what are you afraid of ??? You are not special in spite of what you may think and your attorneys for pulling this stunt at the very least ought to censured.

    Liked by 3 people

  6. Ospreyzone says:

    Watch McFadden’s face when he returns his opinion. My guess is he’ll have the same battered look on his face as John Roberts did before he ruled on Obama-care.

    Six ways from Sunday, folks, …six ways from Sunday.

    Liked by 6 people

    • Sharpshorts says:

      Judge Roberts declaring that the ACA was a tax – it was clearly not presented to Congress as one …that is, it was never presented to “We the People” as a tax…His deciding vote and argument for constitutionality was an egregious example of judges creating law.

      Recently Sundance has been pointing out how “intent” is being used to subvert the meaning of law, by the courts and by enforcers of law.

      Even if Roberts’ opinion was correct, the Supreme Court’s job in the ACA case was to decide whether the Affordable Care Act was-or-was-not Constitutional…PERIOD! The Supreme Court in deciding on the “intent” of Congress relative to the ACA was beyond their purview in that particular case.
      It should have been declared unconstitutional and returned to Congress which is the law writing branch of government — to make them write it and pass it as a tax, if that was their “intent”…

      Liked by 4 people

  7. HollowofHishand says:

    If I were the presiding judge, I would also want time before rendering a decision. If I made one off the cuff, the losing side would allege that I did not give their argument enough consideration. This would lead to an appeal which would take more time (and running out the clock is the point here). But if I took the weekend and had my clerks research case law that would be included in my decision, it would have the appearance of being fair and judicial, not one-sided and political.
    While we all know if the decision goes against Comey that his team will file an appeal, a well written opinion will likely travel through all the appellate courts with greater ease.
    But I guess we will know on Monday.

    Liked by 2 people

  8. shirley49 says:

    If this were you or I we would have been locked up for not obeying a subpoena, not going to court to see if can get out of it. How about we make everyone follow the laws and get the same treatment when we don’t. Is this Judge a Rep or Dem. That is how we know he will decide.

    Liked by 3 people

  9. Pat Frederick says:

    I believe that the judge clearly wants to word his rebuff of Comey’s plea correctly and frame it with enough constitutional-backing legalese that an appeal will fail quickly…had he quickly just said no…the appeal process could be lengthy…if he backs it up with proper citations, it will withstand scrutiny and Comey will be forced to testify…delays are not always defeats! (just my not lawyerly opinion)

    Liked by 2 people

  10. Old Lady says:

    If the judge can’t get this one right and takes his opportunity to create law, it is our sign that America will not be made great again.

    Liked by 2 people

  11. Bulldog84 says:

    “Now, accepting that James Comey is asking a federal judge to ignore the law, ask yourself what James Comey was likely doing as the FBI Director.”

    We’ve been asking ourselves that question for the past few years. We’re fairly certain we know the answer.

    Liked by 5 people

  12. tommy says:

    Clinton wants to make us think Russia lied about their Russian collusion ????
    https://dailycaller.com/2018/11/29/fbi-whistleblower-clinton-uranium/?utm_medium=email

    Liked by 1 person

  13. Stephen Paul says:

    IMO Comey is playing games because he is trying to avoid having to Lie or to tell the truth about his actions during the time he was involved in a plot to undermine the president of the United States and with his brooming and minimizing of the Hillary Clinton investigation. His actions were designed to let her off criminal charges so she could continue as the Democrats candidate for president. I think Washington insiders knew he was fixing the case and all the newspaper articles were designed to throw people off. A lot of the people they quoted and the rhetoric was designed to make it seem like they were all pissed at him but he was doing everything for a reason so he could cover his ass as he was fixing a slam dunk case where she should have been charged and convicted and sentenced to many years in prison. that’s why they gave out immunity like candy and took actions to make the case seem like it was no big deal.
    Comey should be charged with a crime for doing what he did for Clinton and for the actions he took against the president of the United States.
    Now he is playing games and using social media and the press to win public appeal. he was a public hearing so he can avoid any consequences. he knows damn well that the democrats will make a circus out of the hearing like they do every time. They will defend Comey with everything they can no matter how absurd and crazy. it would be the same kind of zoo we have seen minus the paid protesters and clowns .
    I hope this judge doesn’t stoop to judicial activism !

    Liked by 1 person

  14. TomA says:

    James Comey aided and abetted the commission of numerous Class I felonies by senior Obama Administration officials conducted over several years by persons in a position of trust. If the Judiciary proactively becomes complicit in this crime spree and then codifies a double standard in which DC elites are exempted from equal treatment under the law, then the rule of law is officially dead in the US. It will mean that all three branches of government and the Constitutional framework of checks & balances have failed. That is no trivial matter.

    Liked by 1 person

  15. Rose says:

    Look on the bright side if Comey wins that means Congress under the demorats can’t force people to testify before them. See liberals be careful what you want, if could bite you in the butte.

    Liked by 1 person

  16. apfelcobbler says:

    Remember the “Propornot” outfit that appeared on the scene just shortly after Hillary’s “purple” appearance? (her speech the day after she lost) Here’s an extensively documented explanation of its deep and wide roots. Sundance knew it was some sort of intelligence operation (and if I remember correctly, we all got the impression it might be operating from the UK after a week or so).

    Turns out Hillary’s people were way more involved than we thought (and it makes you wonder what they had intended if she had won). It’d take hours to follow each thread, so I just read the first article and went down a couple threads. What an eyeful.

    https://consortiumnews.com/2018/01/28/unpacking-the-shadowy-outfit-behind-2017s-biggest-fake-news-story/

    Like

  17. Hebo Sabe says:

    It’s not hard to see just how Rome fell.

    Liked by 2 people

  18. Jack says:

    Comey many timesused the excuse that he couldnt answer a question in the congressional forumbutwouldin a closed session.At his best he is s crooked snake who knows how many deaths he caused. Maybe the rancher.I’d say there isenoughdirt on his trail and complicity with Hillary to water board the son of ab. .

    Like

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