OPINION:
Former US Attorney Joe diGenova says there is “probable cause to arrest” former FBI Director James Comey for his role in the Spygate scandal.
diGenova appeared on my radio program on WMAL in Washington DC Wednesday afternoon.
O’Connor: Final question Joe diGenova if… if… James Comey has enough paper trail, where you know, he met with the attorney general, met with the National Security Council, put everything out on the table, and then it was determined that yes, this, this warrants an investigation. At that point is it still a criminal act if he can just, if he has enough of this, this guys, of, of, if we were acting within the boundaries of the law, it may have been a bad call, but was it criminal? How do you prove that it was criminal other than looking at the intent?
diGenova: Well, well, you have to put all the facts out on the table and then you make a judgement when you know everything. Right now we do not know enough to make that judgement. We do have enough to make an arrest, may I saw there is probable cause to believe right now that people broke the criminal law in the, and I’ll tell you the areas where there’s already without any doubt, the unmasking, followed by the criminal leaking of that information all federal felonies, the, the investigation of someone where not predicated existed. The the infiltration of the campaign of the Trumps was crime because there was no basis for it and it was not done for legitimate law enforcement reason. Acting under color of law, James Comey and all the people working with him at the Justice Department violated United States Civil Rights Act by violating all the Civil Rights of the people that they spied on acting under color of federal law. Those were all crimes. You have probable cause right now to know that..Now would you go to trial on that? Not at this point. That’s why we need to multiple grand juries to look into all of it.
O’Connor: But, in your opinion, I’d, I’d asked if people are going to jail? Let’s go back a step. You, you think there’s probable cause to arrest James Comey?
diGenova: Oh there is right now as far as I’m concerned, but there not going to do that, because the way you do this in crimes like this is you have a grand jury and give someone a chance to surrender. I’d give him a chance to surrender, he can bring in multiple copies of his book with him.
diGenova went on to say that he knows of multiple FBI agents around the country who are asking to be subpoenaed so they can tell congress everything they know about the full extent of the scandal that was directed under Comey. I played the audio of James Clapper admitting that there was a spy observing the Trump campaign in 2016 on Tuesday’s The View. This was after diGenova said “I believe as a result of some of the dumbest statements by James Clapper on television recently, Mr. Clapper and Mr. Comey will be reading both of their new books in the prison library”:
Behar: Was the FBI spying on Trump’s campaign?
Clapper: No they were not. They were spying on - a term I don’t particularly like - on what the Russians were doing. Trying to understand what the Russians were infiltrating, trying to gain access, trying to gain leverage and influence.
O’Connor: Is that what you’re referring to? I mean that’s an admission right there, isn’t it?
diGenova: Yes, absolutely. Mr. Clapper for someone who was a senior intelligence official, he seems to lack the fundamental skills of communication that are so important for someone in a position like that. Perhaps he was seized by a moment of honesty. The Holy Ghost may have come down and sat upon his shoulder. But what they are doing now Larry is that they are circling the wagons, they are coming up with rationale for why they acted because they’ve also learned today that a group of FBI agents, who are active agents, right now in field offices in the major cities of the US, want to be subpoenaed by Congress to tell what they know about all of this.
O’Connor: Where did that story come from? I’m just learning of it now. FBI agents are actually coming forward and saying please Congress we have something to tell you?
diGenova: Yes, yes. In fact they had let it be known to a series of people that they want to be subpoenaed to testify what they know about Comey, McCabe, Brennan, Lynch and others, Holder, Yates. They are in full rebellion at the FBI not withstanding what James Comey tells you about how much they all love him there.
DiGenova was US Attorney for the District of Columbia during the Reagan administration and practices law with his wife and partner Victoria Toensing.
Listen to the entire interview here:
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