GREG KELLY (HOST): He knew it was fake, all fake. Welcome, gentlemen. Matt Schlapp from CPAC and professor Alan Dershowitz, the legendary man and lawyer from Harvard. Welcome, gentlemen. Look, I am thrilled. I do want to get — let’s get the legal take first, OK there, Matt? Alan, professor, please. Have you seen the indictment? What do you make of it? My understanding is it can and will grow.
ALAN DERSHOWITZ (GUEST): Oh, it will grow. This is an initial indictment. It will be obviously, subsequent indictments or additions to this indictment. But there are four basic issues. And this is not a slam dunk case. The government will have to prove to a Virginia jury that Comey lied intentionally about a material fact. They will also have to prove to a judge that he would have been prosecuted if this weren’t Comey and if he weren’t targeted by the administration. Then they’re going to have to prove that he wasn’t prejudiced by government statements that were made before the trial. And finally, and this is going to be an interesting one, they have to prove that venue is proper in Virginia. The questions were asked in Washington, and the answers were given in Virginia, which poses an interesting problem. So there are going to be four or five legal issues that will have to be raised before there’s a conviction.
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