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DOJ Admonished Comey Prosecutor Not to Admit Existence of Declination Memo Against Bringing Charges

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Former FBI Director James Comey testifies before a Senate Intelligence Committee hearing on Russia’s alleged interference in the 2016 presidential election on Capitol Hill in Washington, D.C., June 8, 2017.

Aaron P. Bernstein/Reuters

Under intense questioning by the presiding judge, one of the experienced prosecutors recruited by the Trump Justice Department to handle the case against former FBI Director James Comey admitted that the prosecutors previously responsible for the investigation had drafted a memo explaining why charges should not be brought.

The prosecutor, N. Tyler Lemons, said he’d been instructed by superiors at Main Justice not to answer questions about whether a declination memo existed.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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