EVAN PEREZ: It certainly got a lot more complicated, though, with the President’s message, over the weekend, because–
KAITLAN COLLINS: Which people thought was a DM, at some points, to Pam Bondi.
PEREZ: Right.
COLLINS: They were kind of confused over who it was even intended for.
PEREZ: Right, and I guess, the DM, he deleted it, right?
But the problem with it, obviously, is that even if you have a legitimate case against any one of those people, what it does is it colors it now, and it damages. And so, for prosecutors, it really does, really put them in a bind, because now the defense attorneys literally have their brief for malicious prosecution written to — written for them by the President of the United States.
COLLINS: Yes, and I think the question is, even if Lindsey Halligan goes and moves forward with this and tries to do it, soon as tomorrow, maybe Tuesday, as late as Tuesday, we don’t actually know that she’ll get an indictment on this, right?
ELLIOT WILLIAM: She might not get an indictment. Now, the standard for getting an indictment is certainly much lower than the standard for convicting someone. You just need probable cause to get an indictment.
But, to Evan’s point, there’s a gray case being made here for malicious or selective prosecution. And what the defense attorneys would do is point to, number one, the President’s statement right here in that tweet, saying, What about Comey? Literally, he names the man being investigated right there.
Number two, every statement the President has made, over the last several years, about Jim Comey, specifically, and the suggestion that he’s engaged in wrongdoing.
Number three, I’d even add in firing Jim Comey’s daughter from the Southern District of New York, as a prosecutor recently, as part of a pattern, sort of, of targeting Jim Comey, suggesting that even if there is some credibility to the charges against him, the Justice Department is singling him out for prosecution.
COLLINS: And Tom, just to remind people, not that many people probably need reminding, how long Trump has wanted this.
When we interviewed Bill Barr, on this show, a year ago, maybe it was longer than that, he actually was talking about this conversation he had with Trump, before he was resigning from his position. I just want people to listen to Bill Barr in his own words.
(BEGIN VIDEO CLIP)
BILL BARR, FORMER ATTORNEY GENERAL: He was berating me, on a number of things. And I explained the various allegations of fraud, and that he was making, and why they were bogus.
And then, he started saying that he was disgusted with the fact, I didn’t indict Comey, and others that he wanted to have indicted.
And I said, Look, I know you’re disappointed in me. And if you want me to resign, I’m glad to resign.
And he hit the table, very hard, and said, Accepted.
So, I said, Fine, and I walked out.
(END VIDEO CLIP)
COLLINS: I mean, the Jeff Sessions vibes of the DOJ seem very strong right now.