
"PEREZ: Right, and I guess, the DM, he deleted it, right? But the problem with it, obviously, is that even if you have a legitimate case against any one of those people, what it does is it colors it now, and it damages. And so, for prosecutors, it really does, really put them in a bind, because now the defense attorneys literally have their brief for malicious prosecution written to written for them by the President of the United States."
"Now, the standard for getting an indictment is certainly much lower than the standard for convicting someone. You just need probable cause to get an indictment. But, to Evan's point, there's a gray case being made here for malicious or selective prosecution. And what the defense attorneys would do is point to, number one, the President's statement right here in that tweet, saying, What about Comey? Literally, he names the man being investigated right there."
"COLLINS: Yes, and I think the question is, even if Lindsey Halligan goes and moves forward with this and tries to do it, soon as tomorrow, maybe Tuesday, as late as Tuesday, we don't actually know that she'll get an indictment on this, right? ELLIOT WILLIAM: She might not get an indictment. Now, the standard for getting an indictment is certainly much lower than the standard for convicting someone."
President Trump publicly named James Comey in messages about potential prosecution. Legal analysts say those statements can be used by defense teams to argue malicious or selective prosecution, because a politically influential figure appeared to single out an individual. Prosecutors face a bind because public commentary may color investigations and provide defense attorneys with material to challenge motives. An indictment requires only probable cause, lower than conviction standards, but a successful defense raising malicious prosecution could complicate or derail criminal proceedings. Timing and whether an indictment is returned remain uncertain.
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