Ex-federal prosecutor says he agrees with AG nominee that Comey’s firing alone does not constitute obstruction

Former federal prosecutor Gene Rossi said Friday that he agreed with parts of attorney general nominee William Barr’s memo criticizing the special counsel investigation to the White House, including the statement that there cannot be an obstruction of justice case against President Trump based solely on the firing of former FBI Director James Comey. 

“I read the whole thing. I agree with parts of what the attorney general [nominee] Barr said,” Rossi told Hill.TV’s Jamal Simmons and Buck Sexton on “Rising.” “If you’re going to make a charge based alone on the firing of Comey, that dog won’t hunt.”

“Alone, that would be a tough case to present to a jury, but my understanding based on my involvement with witnesses and matter is the Comey firing is part of an overall scheme of actions that suggest obstruction,” he continued. 

“That one instance of Comey being fired, I would never try that to a jury. Never,” he said. 

Rossi, who has been critical of Trump in the Russia probe, is a Democrat who was defeated in the party’s primary for Virginia’s lieutenant governor in 2017. 

The Wall Street Journal reported on Wednesday that Barr sent the Department of Justice a memo in June slamming the federal investigation into Russian election meddling, including any possible ties between the Trump campaign and Moscow. 

Barr in the memo warned that Trump’s interactions with Comey would not necessarily establish an obstruction of justice case. 

Democrats, including Sen. Mark Warner (D-Va.), said the memo effectively disqualifies Barr from becoming attorney general, in which capacity he would oversee the special counsel.

— Julia Manchester


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