Barbara McQuade

speaker
424 appearances 2 recordings 2 series first heard Oct 2025 last heard 7 Feb

Barbara McQuade’s voice in public audio — every appearance, attributed to the second.

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recordings per month · last 12 months
1 · Feb OctJan 26AprJulnow

Recordings per month over the last 12 months — 2 in all, peaking in Feb 2026 with 1.

Appearances

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They have to have a solid theory of prosecution.
They have to provide Jim Comey with notice of that.
To date, they haven't really done that.
But as you say, maybe Comey just wants to strategically say, let's have a trial.
I'm ready.
I want to assert my right to a speedy trial.
I have a right to a trial within 70 days.
And that sometimes can trip up prosecutors because they don't have anybody ready to go within 70 days.
In this case, that might be a very good strategy, because if the only one at the Eastern District of Virginia's office who's willing to take this case is Lindsay Halligan, she does not seem ready for prime time with the skills required and experience required to handle a federal criminal case.
So prosecutors are required to take great care not to charge people just to put them through the wringer.
And so this to me feels like an abuse of those principles, an abuse of that process.
One of the things that was instilled in me as a U.S.
attorney in making these kinds of charging decisions was just because you have the power to do something doesn't mean it is wise to do so.
So could they get a grand jury indictment here?
Yeah, I guess they were able to muster sufficient probable cause, at least for two out of three of the charges.
Although we know from reporting that only 14 out of the 23 grand jurors voted to indict.
That is astonishing because now at trial, you've got to convince everybody.
Twelve jurors and all 12 of jurors unanimously have a much higher standard guilt beyond a reasonable doubt.
And so even though you can charge someone just with the bare bones minimum of probable cause and just if you can convince a majority of the grand jurors.
It's unethical to do that unless you believe that the evidence is sufficient to obtain a conviction at trial.
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