Dan Abrams Warns Trump’s Rants Could Derail Comey Case; SCOTUS Likely To Stay Out

Gage Skidmore from Surprise, AZ, United States of America, CC BY-SA 2.0 , via Wikimedia Commons

Legal commentator Dan Abrams has warned that President Trump’s long record of public outbursts and personal attacks on former FBI Director James Comey — including a post last night calling him a “DIRTY COP” and “Destroyer of Lives” — could undermine prosecutors’ case by making it harder to maintain neutrality in court.

Abrams argued that Trump’s repeated defamatory statements, even before Thursday’s indictment was filed, risk tainting the jury pool or giving defense attorneys grounds to claim malicious prosecution. Such rhetoric, he noted, heightens the danger that the case could be cast as a partisan vendetta, shifting attention from the legal merits to questions of optics and fairness.

As Mediaite reports:

News broke Wednesday that Comey and New York AG Letitia James (D) would likely face indictment days after Trump publicly pressured Attorney General Pam Bondi to go after a list of enemies in a DM-style Truth Social post and again in remarks to reporters. Sure enough, the indictment dropped on Thursday, with a defiant Comey pledging to fight it out in court.

Many observers believe that Trump’s explicit pressure campaign to charge Comey could lead to a strong “malicious prosecution” defense.

On Friday’s edition of ABC’s Good Morning America, anchor George Stephanopoulos asked Mr. Abrams for his legal insights and raised the issue of Trump’s constant pressure. Abrams agreed it could be a serious problem for the prosecution:

Stephanopoulos turned to his legal analyst with a pointed observation. “And Dan, all of these public statements from the president could actually help James Comey get this thrown out by a judge.”

Abrams nodded, acknowledging the weight of the remark. “Correct, correct. I mean, look, that’s going to be the first question — is this case even going to make it to trial? Is a judge going to throw out this case?” He explained that the defense would almost certainly rely on the president’s own words. “That is certainly going to be part of the defense’s argument, is citing each and every one of the social media posts by the president, demanding this prosecution and looking at the sort of the history of how we got here.”

Stephanopoulos pressed further. “And if that happens, we could see this whole thing go to the Supreme Court.”

Abrams acknowledged the possibility, but remained measured. “We could. We could. But I think that the more likely scenario is that the Supreme Court would be happy to let the lower courts deal with this one. That’s my guess.”

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Patrick Houck

Patrick Houck is an avid political enthusiast based out of the Washington, D.C., metro area. His expertise is in campaigns and the use of targeted messaging to persuade voters. When not combing through the latest news, you can find him enjoying the company of family and friends or pursuing his love of photography.

2 Comments
    jobardu

    Is he kidding? After four years of nonstop defamation and lawfare with not a peep from the courts, Abrams says the courts will take careful note of a few comments by Trump? Is this a sign of a free and fair judiciary? Will people continue to accept it’s decisions without questions?

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