October 3, 2025
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11:49Now PlayingAttorneys Brian Kabateck and Shant Karnikian break down James Comey's potential malicious prosecution lawsuit against Trump and the DOJ if he prevails against the charges they believe are meritless. The hosts explain the five elements Comey must prove: initiation of proceedings, lack of probable cause, malice, favorable termination, and harm suffered. They reveal how career prosecutors wrote a memo stating no probable cause exists, yet Trump fired US Attorney Erik Siebert for refusing to prosecute and installed his former beauty queen lawyer Lindsey Halligan to rush the indictment alone. The attorneys explain why Trump's relentless Truth Social attacks calling Comey corrupt and demanding prosecution, combined with ousting prosecutors who disagreed, creates ironclad evidence of vindictiveness. They predict the weak case will be quickly dismissed and note that Trump's inability to stop publicly attacking Comey only strengthens the future malicious prosecution claim, making this potentially one of the strongest such cases ever seen.
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