A former FBI agent speculated on the "Just the News, No Noise" TV show that those who orchestrated the "Russiagate" scandal against President Donald Trump in 2016 could face subversion or racketeering charges if prosecutors were able to build a case against them.
Jonathan Gilliam, also a former Navy Seal, said, "I think also what we have to start looking at is things like subversion. You know, subversion, like treason and insurrection...these are all criminal actions that there's law for."
Memos that were declassified this week showed that James Comey personally authorized the leaking of classified information to the media in 2016 just before the election, and that prosecutors knew this but declined to bring charges against him.
ex-FBI general counsel James Baker and ex-Comey chief of staff James Rybicki provided the information about Comey to federal prosecutors, but memos showing this were redacted until Attorney General Pam Bondi unredacted them this week.
"When you look at those types of crimes...okay, maybe they leaked this information, but was their motive and intent to subvert the government of the United States, or a standing president, or a president that was coming into office?" Gilliam said. "If that's the case, then the statute of limitations goes out the door."
Subversion refers to actions that undermine a government or political system.
Charging government officials who clearly tried their best to destroy Trump's credibility and reputation both before and after he won the 2016 presidential election with subversion would be a novel way to bring them to justice.
If it works, it would most likely discourage other government officials from using similar tactics in an attempt to bring down their opponents.
Another tactic that Gilliam thinks could work isn't novel, and has already been tried against Trump: a racketeering charge against those who conspired to put forth the false Russiagate narrative.
"I believe it's important for them to go forward on a RICO case, because they link all of these individuals, and they can show whether the statute of limitations for those particular crimes have gone," Gilliam said. "Let's say they've passed, but they can show that two or more people were involved in these crimes for the purpose of furthering their criminal enterprise. That's a RICO charge."
RICO charges are a way to get around the statute of limitations, but is that the smartest way to go?
It might be difficult to prove RICO charges, in the same way it was for prosecutors who were shut down against Trump for the same charges.
Comey could also face perjury charges, since he testified to Congress that he had never authorized any leaks within the apartment and was not a source for the media himself.
House member Tim Burchett (R-TN) reacted to the documents, saying, "I have to talk to an attorney about what the definition of treason is, but at the very least it's collusion. I think a felony was committed. I think that the cover-up is, in this case, maybe even worse than the crime, because you got to ask yourself, whatever, what else were they covering up?"
