Judge Andrew Napolitano Says ‘Frivolous’ Comey Indictment Will Be Tossed Before Trial

Añadido: 2026-04-30

[00:00:00]judge. The last time they got this thing thrown out because of a process issue, right?

[00:00:04]>> This is not in Virginia. This is not in DC. This is in North Carolina. Process isn't going to get it done this time.

[00:00:10]>> Well, I don't think it matters that there's a relatively conservative jury base here because I don't think this case will ever see a jury. M >> uh there's no there's no crime here under several Supreme Court uh opinions.

[00:00:23]One of which says if there's a passage of time between the alleged threat and any harm caused that dissipates uh the threat and it also gives the person threatened the opportunity to challenge it. Stated differently, if this were a real threat to the president of the United States, Comey would have been charged a year and a half ago. But the more important legal principle is free speech. If there is any noncriminal interpretation of the speech, that trumps, no pun intended, lowercase T, that trumps the criminal aspect. So, are there other meanings to 8647 besides I want to kill the president?

[00:01:08]>> I don't think there are, right? Because 86 is >> also used in diners to cancel an order.

[00:01:12]>> Well, 86, right? 86 could mean cancel the president.

[00:01:16]>> Kill or cancel, right?

[00:01:17]>> As long as there's as long as there is a noncriminal interpretation uh of this, it's it's protected speech. I think the case is frivolous. I'm I'm not a fan of Comey's at all, and I've never hesitated to criticize him. And we all know what almost happened to the president of the United States the other night and two on two dreadful uh prior occasions. But this is a political vendetta against a political adversary. Uh and it shouldn't be using the Justice Department as a means for that.

[00:01:49]>> So you don't think this is going anywhere?

[00:01:50]>> No. I think Comey's people will move to dismiss it that it's protected speech and I think that motion will be granted and if the government appeals uh it'll be upheld. This is so frivolous that Comey may actually end up getting his legal fees reimbursed by the government.

[00:02:06]>> Wow.

[00:02:07]>> All right. I want to turn now to the Supreme Court. to