"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."
"GEORGE STEPHANOPOULOS: And Dan, all of these public statements from the president could actually help James Comey get this thrown out by a judge. DAN ABRAMS: Correct, correct. I mean, look, that's going to be the first question is, is this case even going to make it to trial? Is a judge going to throw out this case? And 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."
Public pressure from President Trump on Attorney General Pam Bondi preceded news that James Comey and New York AG Letitia James would likely face indictment. An indictment was filed and Comey pledged to fight the charges in court. Defense arguments can cite the president's social media posts and public comments demanding prosecution to support a malicious-prosecution defense. Those arguments could lead a judge to dismiss the case before trial. The Supreme Court is unlikely to step in immediately and would probably leave resolution to the lower courts.
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