Andrew Weissmann

What do I think is going to happen?

I think that with respect to Letitia James, what they need to do is find a U.S.

attorney, somebody who's official enough and new interim, somebody who is willing to do it.

Remember, that might not be so easy in the sense that Eric Seibert, as you pointed out, said no.

Apparently, all of the career people in the Eastern District of Virginia are not on

the cases because they don't want to do them.

And so they have to find somebody.

And with respect to Letitia James, they probably will find somebody.

With James Comey, the issue is even if they find somebody, the statute of limitations, the five-year period in which they have to bring charges has run.

Sure.

So that is going to be the litigation.

If they find somebody to bring this new case, if they find somebody to do it, which I suspect they will,

There will be litigation where Comey will say, in addition to all of his other arguments, vindictive and selective prosecution, et cetera, they will say that the statute ran.

You should have brought this within the five-year period, and you sort of hit the vernacular.

Will they be able to say, yeah, but –

brought the initial one at the right time.

And the debate will be, wait a second, if it's a nullity, if this was just void ab initio, if the court's supposed to treat it as if it did not happen, then nothing stopped the clock.

The clock ran out after five years, and now you're bringing this at a time after the five years.

So that's Comey's position.

And the government has to be able to say, no, I want to sort of resurrect it.