Famed defense attorney Alan Dershowitz said Sunday on Newsmax that if he were defending former FBI Director James Comey against the government's charges that he lied to Congress and obstructed a congressional proceeding, he'd focus on the weakness of the case as presented, as Comey has a "real shot at jury acquittal."
"I would, I think at this point, urge silence and be working on trying to persuade a judge that this was selective prosecution or that this was tried in the wrong place, or that the allegations themselves in this very, very thin — it's a two-page long, extremely thin indictment — are insufficient to go to trial," Dershowitz, a Harvard Law professor emeritus, told Newsmax's "Sunday Report."
Comey was indicted on two counts of making a false statement and obstruction, charges that stem from his 2020 Senate testimony about leaking FBI information. If convicted, he faces up to five years in prison. His first hearing is set for Oct. 9.
Dershowitz said the case is unusual even at the grand jury level.
"They only got 14 grand jurors out of 23 voting to indict him," he said. "That's extraordinary. Usually it's 23 to nothing. And also, they refuse to indict on one, even though this is a Northern Virginia jury that is going to be somewhat less sympathetic to him than a D.C. jury. But I think he has a real shot at jury acquittal."
Prosecutors allege Comey falsely told senators he had not authorized anyone to serve as an anonymous source for news reports, though the government says he had.
Dershowitz argued that proving materiality and intent will be a challenge. "It will depend very largely on the facts, on whether or not they have sufficient evidence that he did leak the material, either through this law professor or through the deputy head of the FBI. And they also have to prove that the question was material and that he knowingly answered the question falsely. It won't be easy, but it's certainly possible," he said.
Comey has denied the allegations, releasing a video statement on Instagram: "My heart is broken for the Department of Justice, but I have great confidence in the federal judicial system and I'm innocent. So let's have a trial first."
Dershowitz said the case remains far from resolution.
"We have a long way between now and a possible jury trial, if there ever is going to be a jury trial," he said.
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