川普任命的联邦法官William Fitzpatrick,在24页的判决书中,批评这个代理检查官的不当行为。
A federal magistrate judge says “government misconduct” may have tainted the criminal case against former FBI Director James Comey, describing a cascade of apparent errors by lead prosecutor Lindsey Halligan.
The magistrate judge, William Fitzpatrick, ordered prosecutors Monday to quickly turn over records of secret grand jury proceedings to defense attorneys as they seek to dismiss the false-statement and obstruction-of-Congress charges pending against Comey in federal court in Alexandria, Virginia.
“The Court recognizes this is an extraordinary remedy,” Fitzpatrick wrote in a 24-page opinion, “but given the factually based challenges the defense has raised to the government’s conduct and the prospect that government misconduct may have tainted the grand jury proceedings, disclosure of grand jury materials under these unique circumstances is necessary.”
Fitzpatrick raised sharp doubts about an account of the grand jury proceedings provided by the Justice Department and whether it had turned over all records of the interactions between Halligan and the grand jurors. 。。。
Fitzpatrick also said Halligan, who had never prosecuted a case prior to Comey’s, appeared to make two “fundamental misstatements of law” to the grand jury that could jeopardize the indictment altogether.
He said Halligan, facing tough questions from grand jurors, appeared to suggest Comey might have to testify at trial to explain his innocence, an improper characterization of the government’s burden to prove guilt beyond a reasonable doubt. Fitzpatrick also said Halligan appeared to improperly suggest grand jurors could assume the government had more evidence against Comey than what it presented to them.
“The record points to a disturbing pattern of profound investigative missteps, missteps that led an FBI agent and a prosecutor to potentially undermine the integrity of the grand jury proceeding,” he wrote.
只要被House以simple majority 弹劾通过,那就是弹劾成功。如果再被Senate 以2/3 多数或more than 2/3多数通过,那就要被逐出White House,您说的部分正确。特朗普已经是两次被House弹劾成功的美国总统,在从2027到2029年元月二十日之间,很可能被第三次弹劾成功。被Senate以2/3多数通过,谁说就一定不可能呢?
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The impeachment process
The Constitution gives Congress the power to impeach federal officials. An official can be impeached for treason, bribery, and “other high crimes and misdemeanors.”
The House of Representatives brings articles (charges) of impeachment against an official. Learn more about the House’s role in impeachment.
If the House adopts the articles by a simple majority vote, the official has been impeached.
The Senate holds an impeachment trial. In the case of a president, the U.S. Supreme Court chief justice presides. Learn more about the Senate’s role in the impeachment process.
If found guilty, the official is removed from office. They may never be able to hold elected office again.
If they are not found guilty, they may continue to serve in office.
不过,美国现在还是法治国家,川普诉科米的这个case会在法庭上一败涂地。