Ken Dilanian
@DilanianMSNBC
Two sources familiar with the matter tell me prosecutors in the EDVA US attorney‘s office presented newly sworn US attorney Lindsey Halligan with a memo explaining why charges should not be brought against James Comey, because there isn’t enough evidence to establish probable cause a crime was committed, let alone enough to convince a jury to convict him.
Justice Department guidelines say a case should not be brought unless prosecutors believe it’s more likely than not that they can win a conviction beyond a reasonable doubt.
This detail was first reported by ABC News. EDVA declined to comment.
6:39 PM · Sep 24, 2025