Lionel Nation - How and Why Jimmy and Big Tish Got Away With It . . . For Now

Nov. 25, 2025 - Lionel Nation

22:34

How and Why Jimmy and Big Tish Got Away With It . . . For Now

Large

Audio Only |

Scroll

Time	Text
	You were shot today.
	Shocked.
	I know how you were.
	You got the word that Big Tish and Jimmy somehow slipped through, slithered through justice.
	Yes, again, how could this be?
	You were counting on this.
	You were counting on this.
	What does this mean?
	Do we lose?
	Do we lose again?
	What's going on here?
	How does this work?
	What's going on?
	How in the name of God could we have lost this?
	We're supposed to be a shoe man.
	Don't you understand?
	This is what we wanted.
	But wait a minute.
	I'll tell you what to do.
	Uncle Lenny will help you with this.
	Let me explain to you the actual goings on.
	It's not exactly what you think.
	It's not exactly as bad as you think.
	So before we proceed, before you go nuts, let me explain to you a few things, a few, a few things.
	From the moment, my dear friend, that Lindsey Halligan was installed as interim U.S. attorney on the 22nd of September, 2025.
	The foundations of the Comey and Big Tish prosecutions were unstable.
	Many of us had hoped the strength of the indictments would overcome procedural defects, and I warned from the beginning, I warned you that in the case of Comey, for sure, it would not.
	Now, we're not talking about the factual bases.
	We're not talking about whether they were actually guilty of anything.
	We're talking about whether the procedural aspects were perhaps wanting.
	Now, federal criminal law is not kind to improvised authority.
	And the Supreme Court has been perfectly clear.
	Power to indict must be lawfully vested before it can be lawfully exercised.
	This is axiomatic.
	And the dismissal, the dismissal handed down by Judge Cameron McGowan Curry of the District of South Carolina confirms what I and others predicted in November.
	Procedure cannot be reversed or reverse engineered after the fact.
	Prosecutorial authority cannot be backdated and improvised.
	And once again, once again, my friends, we see the consequences of trying to outmaneuver statutory limits rather than respecting them.
	Now, let's talk about the issue here, the core legal defect.
	The central problem was obvious.
	28 U.S.C. 546.
	Let me tell you what that means.
	It allows for only a single 120-day interim period for a U.S. attorney.
	Now, Halligan's predecessor, Eric Siebert, had already exhausted that statutory period.
	When Siebert refused to indict Comey and Big Tish on grounds of insufficient evidence, he was dismissed.
	President Trump and A.G. Pambondi replaced him with Halligan using the exact same interim authority that had already expired.
	And the statute is clear.
	The second interim appointment was unauthorized.
	Therefore, Halligan could not lawfully sign indictments.
	That defect cannot be cured with creative paperwork.
	Yet, that was precisely the strategy that was attempted.
	Now, what this is called is the special attorney maneuver.
	Now, Bondi, Bondi attempted kind of a workaround.
	She named Halligan a special attorney and backdated the designation to the start of her tenure.
	Now, whether Pam Bondi did this, whether someone suggested, Pam, let's give this a go and you sign it, I don't know.
	I have nothing but the utmost respect for Pam Bondi.
	None of this is underhanded.
	You've seen it in the case of Alina Haba and others.
	It's been done before, but that attempt occurred on October the 31st, well after Halligan had already indicted Call me, which was September the 25th, and Tish James, October the 9th.
	At the time those indictments were filed, Halligan possessed neither delegated authority from the Attorney General nor valid interim status under Section 546.
	This is not a technicality.
	It is the heart, the very essence of prosecutorial legitimacy.
	Now, the court ruled correctly that the backdating held no legal force.
	Regulatory and statutory authority must exist at the time of action.
	I don't care who you are, if you're Donald Trump, Big Tish, if you're Hillary Clinton, doesn't matter.
	It cannot be written in later, ex post facto.
	Now, here's the question: why the indictments failed?
	Two, counter circumstances doomed the cases.
	Listen carefully.
	Number one, Halligan presented the cases herself to the grand jury.
	She didn't assign assistant U.S. attorneys, lying prosecutors with established commissions to conduct the presentation.
	She did it.
	Number two, she personally signed the indictments as if she were somehow vested with the proper authority.
	Had she assigned properly commissioned AUSAs, assistant U.S. attorneys, to present and sign the indictments, the government might have survived the procedural challenge.
	Prosecutorial power flows from the Attorney General, not from a faulty kind of interim appointment.
	That structure that we're speaking of could have insulated the case.
	Instead, Halligan acted alone, and the court has now ruled she acted without prosecutorial authority.
	End of discussion, that's it.
	Judge Curry dismissed: here's the good news, here's the good news, without prejudice, without prejudice, leaving the door open to a reindictment, but only if a court finds that the indictments existed in the first place.
	Now, that question is now hanging by a thread.
	Very, very, very interesting.
	Now, this is where section 3288 becomes critical.
	Listen to what I'm saying.
	I'm going to give you these numbers, but you have to understand the basis.
	I'm not going to be like a lot of these, well, some of these legal folks who just throw these terms around.
	There is a very narrow federal escape hatch, which people are talking about: 18 USC 3288.
	Here's what happens: follow me.
	It permits re-indictment after expiry or the expiration of the statute of limitations only, because that's what they're saying.
	They're saying you can't bring these cases again because the statute of limitations is already run.
	You can bring a re-indictment only if the original indictment was validly and timely filed.
	For Comey, there is no margin for error.
	He was indicted September the 25th.
	The statute of limitations expired September 30th.
	Alleged misconduct that we're talking about dates to Senate testimony on September the 30th, 2020.
	Thus, if the indictment was valid when filed, if the indictment was valid when filed, if, what was that again?
	If the indictment was valid when filed, the government had six months to refile.
	But, but if a court rules that Halligan lacked authority and that no true indictment ever existed, the 3288 window doesn't open.
	That is the danger that was forecasted months ago.
	This was really iffy stuff.
	Now, I haven't even gotten or even haven't even mentioned the merits of the case.
	The merits.
	The merits stink also.
	I had told you about this.
	Now, here's the next one.
	Comey's motions to dismiss.
	Judge Curry's ruling only addressed prosecutorial qualification.
	Judge Nakmanoff, excuse me, presiding over Comey's case, must now rule on motions to dismiss that raise three claims, three claims, assuming they're legitimate.
	These are the claims and the bases for his motions to dismiss.
	Number one, no indictment was ever validly filed, which we just discussed.
	Number two, the indictment fails to state a crime.
	This is interesting.
	In civil law, you have failure to state a cause of action for which relief can be granted.
	And the third is the prosecution is vindictive and selective.
	This is the weakest of them all.
	All prosecutions are vindictive and selective.
	If you think about it, it depends upon whose frame of reference you're talking about.
	Now, if the court finds that there was no lawful indictment, or if that the indictment never set out a prosecutable actual offense, then 3288 can't save the government.
	Six months of time is meaningless if no lawful indictment ever came into existence.
	And this is precisely what many have warned.
	The procedural flaw that we're talking about could grow, could some people call it metastasize into a fatal jurisdictional defect.
	That's not good.
	The vindictive prosecution argument is even sharper.
	If a court finds, if a court finds that the political animus, the hatred, this vindictiveness shaped the charging decision, a second indictment would face the exact same constitutional problem.
	So a dismissal on those grounds would likely bar refiling completely.
	Okay?
	This is not looking good.
	Now, there's a broader pattern the courts have already seen.
	This is important.
	This is not an isolated case, an isolated anomaly.
	Similar challenges have already succeeded in New Jersey, Los Angeles, and Nevada.
	Another was pending in New York.
	In each case, the court found that the Trump administration's interim appointments overextended beyond Section 546's limit.
	This indicates, I know this sounds wonky, but listen to me, this indicates a structural miscalculation, not a one-off kind of oops clerical error.
	To avoid conflicts of interest, district judges routinely recuse themselves from these challenges.
	As a result, circuit courts have assigned visiting judges to review appointments and procedure legitimacy.
	They bring judges from other circuits, other areas.
	That is why Judge Curry, a senior judge from South Carolina, was assigned by the Fourth Circuit.
	So, what does all this stuff mean?
	What the Department of Justice must now decide is as follows.
	Pam Bondi's DOJ must determine whether to appeal Judge Curry's ruling.
	But juridical raciocination, prudence, jurisprudence, demands waiting for Judge Nachmanoff and the judge handling the James case to decide the other motions to dismiss until the courts determine whether the indictments exist in legal terms,
	whether the charges constitute, what we say, cognizable crimes, and whether the prosecutions were driven by some kind of some impermissible motive or vindiction.
	The DOJ cannot realistically evaluate strategy.
	If the indictments, if the indictments deemed never to have existed, think about this.
	If the indictments, if the indictments are deemed never to have existed, then refiling would be unlawful.
	If the charges fail to state a crime, refiling would be equally unlawful and pointless.
	And if political motive is proven, then refiling would be unconstitutional.
	So this is wild.
	So the prediction is now in essence confirmed.
	The dismissal was not a surprise.
	It was the logical consequence of ignoring the statutory structure of interim appointments.
	The warning signs were visible months ago.
	As predicted, the government is now forced into procedural, some call it like a triage.
	The case may survive yet, but if it does, it will be despite the indictment, not because of it.
	Law punishes shortcuts.
	Prosecutorial power must be absolutely lawfully rooted before it can be lawfully used.
	That's the lesson of this case.
	And it was plainly visible from day one.
	The record, and this is important, the record now reflects it.
	So I just, I wanted you to hear this from me.
	I wanted you to hear this in kind of a black and white version of this.
	I wanted you to hear the story.
	I didn't want you to let...
	I'm hearing people talking about this and they're saying, it doesn't really matter.
	Jonathan Turley said, eh, it doesn't matter.
	Really?
	I mean, you're right.
	There's something that's, you know, yeah, but this is really serious stuff.
	It's very sloppy.
	Some people are saying it's extremely sloppy.
	Now, I want to tell you something too, which is very, very important.
	And I've been telling you this, and your response has been wild and for good reason.
	And I want you to listen to me very, very, very carefully, my dear, dear, dear and great friends, my dear and great friends.
	There is a deal that is here, and I want you to listen to me.
	Listen to me, my friends, very, very carefully.
	Ever since COVID, you know and I know millions, millions of Americans have started buying preparedness supplies.
	In fact, Mike Adams was talking about it with Alex Jones.
	Preparation, what we're called preppers, it's ridiculous, especially emergency food.
	And that's wonderful.
	It's a great thing.
	But there's a big mistake that most people make with their emergency food supply.
	They don't have any way to cook it in a real emergency when the power's out or the grid is down.
	So that's why our great friends over at MyPatriot Supply created their Black Friday special.
	Listen, hurry.
	Friday.
	It comes with a four-week food supply plus $150 worth of free gifts, including everything you need to prepare your emergency meals, like a cook stove, fuel, and fire starters, plus a water purifier, bug out bag, and more.
	It's the complete survival kit your family needs to ride out natural disasters, civil unrest, or anything worse.
	It also makes a great, a great Christmas gift, but it's only, only available through Black Friday.
	So head to preparewithlionel.com.
	I have the link right here in the discussion section.
	Preparewithlionel.com.
	Go there right now.
	Check out everything that's included.
	With all the uncertainty in the world right now, and that's coming, we simply cannot afford to be unprepared.
	So go to preparewithlionel.com and get prepared today.
	That's preparewithlinel.com.
	I've got the, just go to the description link in this piece, and there it is for you, for you to review.
	Now, I want to go back and tell you a few things.
	Number one, I don't want you to be worried about this.
	I don't want you to feel, oh, because with Tish James, I know how you feel.
	I know how you feel.
	But we are a constitution of this.
	We are a country of this, not a constitution.
	We are a constitution of the Constitution.
	This is it.
	No matter who you are, Donald Trump, Eric Trump, whoever Trump, even Mary Trump.
	It doesn't matter.
	Everybody is entitled to the protections of this.
	You cannot be sloppy.
	You can't slap together things in this attention in this desire to seek vindication.
	And vindication is warranted.
	I'll be the first one to tell you, but we cannot lose sight of the rules.
	But sit tight.
	It's not over with yet.
	I told you before, the Comey case is a dog.
	It is a dog.
	Not the procedural, the case itself that they brought.
	That doesn't mean he didn't do something else.
	It didn't mean that he's not responsible for other horrible, unconstitutional things.
	But in this instance, it's a big story.
	It's a big deal.
	So my friends, please, please just take it easy.
	Hold on, and know that I will always be here to give you the truth.
	I'm always going to give you the truth.
	Always know that.
	You always know.
	Uncle Lenny will tell you.
	Good, bad, good news.
	The guy who is toast is John Bolton.
	Absolutely.
	He's really, really.
	Now, what they do with him is a different story because he's almost 80 years old or it's a different story.
	But the Comey case, weak, the Tish James case, you know, this Fannie Mae language and all that.
	But this is procedural.
	You have to have the authority to indict in the first place.
	Johnny Jelaine says, why did they walk that dog of a case out in the first place?
	Haste, vindictiveness, sloppiness?
	I don't know.
	Remember, had this Halligan just sat this out and let someone else do it, it'd be a different story.
	Maybe they didn't want to do it.
	An actual assistant USA, an AUSA, who was absolutely certified and allowed in as such.
	Oh, in any event, dear friends, in any event, I will be back with you.
	And I thank you.
	Thank you for this.
	Now, tonight, my friends, on 77WABC, make sure you listen to a show we call The Other Side of Midnight.
	And it's last night we did one on UFOs that was a barn burner because, as you know, in my level of interest, Mike Ken, I love, I love a variety of things, of topics, up to and including the juridical, the jurisprudential, and just the interesting.
	So we'll talk about that.
	So I invite you to do that.
	Please, if you are not subscribed to Lionel Nation, I am asking you to do it right now.
	This is your absolute number one first place for me to go, for us to go, for me to make you aware of all that is going on.
	And I thank you for that.
	In addition, my dear friends, I want you to do me the favor of making sure that you are subscribed.
	And also follow me on X at Lionel Media.
	I got some great stuff.
	In any event, I thank you.
	Thanksgiving is coming up, my friend.
	We're getting ready around the Lionel Nation household for our, I don't say Turkey Day, but our feasting day.
	In any event, I love you.
	Have a great and a glorious day.
	Please be safe.
	Keep an eye on your children.
	As Mrs. L will tell you at Lynn's Warriors, of whom I ask you to follow, you have no idea what they're planning regarding your children.
	It is horrible.
	All right, dear friends, have a great and a glorious day.
	And until we see each other again, remember these final words.

▲