GEOFF BENNETT: Welcome to the "News Hour."

Former FBI Director James Comey has# been indicted by a federal grand jury.. an extraordinary escalation in President Trump's# campaign to prosecute his political rivals.

AMNA NAWAZ: Comey, a vocal critic of Mr.

Trump,# was charged for what the Department of Justice## says is false testimony to Congress five years# ago around investigations he led into the 2016## campaign.

Comey has long been at the center# of one of the president's biggest grievances,## investigations into Russian interference# and potential ties to Trump's campaign.

Our White House correspondent Liz# Landers, starts our coverage tonight.

LIZ LANDERS: More fallout tonight following the# Justice Department's near-unprecedented felony## indictment against former FBI Director James# Comey.

Comey was charged late Thursday on two## felony counts, obstruction of a congressional# proceeding and making a false statement.

DONALD TRUMP, President of the United States:# It's a pretty easy case because, look, he lied.

LIZ LANDERS: Mr.

Trump, who is himself the# first former president convicted of a felony,## celebrated the move today on# his way to a golf tournament,## and he insinuated the charges# won't stop with Comey.

DONALD TRUMP: Frankly, I hope there are others,## because you can't let this happen# to a country.

It's about justic.. really.

It's not revenge.

It's about justice.

It's# also about the fact that you can't let this go on.

LIZ LANDERS: A defiant Comey# responded to the indictment overnight.

JAMES COMEY, Former FBI Director: My family# and I have known for years that there are## costs to standing up to Donald Trump.

But# we couldn't imagine ourselves living any## other way.

We will not live on our knees, and# you shouldn't either.

My heart is broken for## the Department of Justice, but I have great# confidence in the federal judicial system.

And I'm innocent, so let's have a trial.

LIZ LANDERS: The charges against Comey stem# from an appearance before the Senate in 2020,## where the prosecution alleges the# ex-director authorized a leak of## classified information to the media and# then knowingly told the Senate differently.

SEN.

TED CRUZ (R-TX): Chairman Grassley# asked you point blank -- quote -- "Have## you ever been an anonymous source in# news reports about matters relating## to the Trump investigation or# the Clinton investigation?"

You responded under oath -- quote -- "Never."

He then asked you -- quote -- "Have you ever# authorized someone else at the FBI to be an## anonymous source in news reports about the Trump# investigation or the Clinton administration?"

You responded again under oath: "No."

JAMES COMEY: I can only speak to my testimony.## I stand by what -- the testimony you# summarized that I gave in May of 2017.

LIZ LANDERS: All of this comes just days after# President Trump called for Comey's prosecution,## along with others, writing directly# to his attorney general, Pam Bondi,## on social media -- quote -- "We can't delay# any longer.

Justice must be served now."

Adding urgency, the Justice Department# faced a five-year statute of limitations## for charges based on Comey's hearing# that would have expired next week.

Trump## has long considered Comey a political enemy.# Since firing him months into his first term,## the president has been locked in a bitter# feud with the former director for approving an## investigation into Russian election interference# and possible ties to Mr.

Trump's campaign.

SEN.

LINDSEY GRAHAM (R-SC):# Is there any cost to people## trying to destroy President Trump's presidency?

LIZ LANDERS: Defenders of the# president took to the airwaves## yesterday, calling to charges long overdue.

MIKE DAVIS, President, Article III# Project: I think this is the beginning## of the accountability and certainly not# the end for these lawfare Democrats.

LIZ LANDERS: But opponents have criticized how# the Comey case was brought.

Lindsey Halligan,## Trump's newly-installed U.S.

attorney, took# the Comey indictment by herself to a grand jury## because no other prosecutors would join her due to# the reservations about the strength of the case.

Previously one of Trump's personal attorneys,# Halligan has never prosecuted a case.

Her## predecessor, Erik Siebert, was pushed out# of his job for not bringing mortgage fraud## charges against another of Trump's enemies,# New York Attorney General Letitia James.

Democrats called the Comey charges# part of a troubling pattern.

REP.

HAKEEM JEFFRIES (D-NY): These# charges are going to be dismissed.## James Comey will win in court.

But# what it reflects is a broader attack## on the rule of law that should# frighten every single American.

LIZ LANDERS: The indictment comes weeks after# Comey's daughter, Maurene, was fired from her## job as a federal prosecutor in New York.

And# just minutes after the charges were filed,## Comey's son-in-law resigned from his# post with the Justice Department.

Comey will be arraigned in early October.

The# judge assigned to the case is a Biden appointee.

For the "PBS News Hour," I'm Liz Landers.

AMNA NAWAZ: For further insight into the legal# and political developments, we turn now to## Barbara McQuade.

She's a University of Michigan# law professor and former federal prosecutor.

Barb, welcome back to the "News Hour."

Let's just start with the charges here,# one count of making a false stat.. another of obstruction of congressional# proceeding.

What would convince a grand## jury to indict on those?# What could they have seen?

BARBARA MCQUADE, Former U.S.

Attorney: Well,# the standard, of course, at the grand jury## is simply probable cause.

Based on the reporting,# it sounds like what they looked at were the grand## jury transcripts of both Jim Comey and then# perhaps Andrew McCabe, the deputy director.

And so if there are discrepancies between# those two things, that could establish,## generously, probable cause in the minds# of a grand jury.

Now, keep in mind that,## at a grand jury, there's no defense attorney,## there's no cross-examination.

And so it's just# the prosecutor presenting one side of the case.

AMNA NAWAZ: So probable cause is the bar# for a grand jury.

Where's the bar for the## prosecutors?

The allegation here is that# Comey lied to Congress about authorizing## someone to leak information to journalists.# What do prosecutors have to prove here?

BARBARA MCQUADE: Well, at trial, they would# have to prove beyond a reasonable doubt that Jim## Comey made a statement that was false, that the# statement was material, that is, determinative of## something under their investigation, and that he# then and there knew that the statement was false.

At trial, they will have to prove it beyond# a reasonable doubt to a jury that decides## it unanimously.

What's also interesting# is, although legally what's required at## a grand jury stage is just probable cause,# the Justice Department's policy manual says## a prosecutor should not initiate a prosecution# unless they believe the evidence is sufficient## to obtain and sustain a conviction at trial.# That means guilt beyond a reasonable doubt.

AMNA NAWAZ: And you have heard there# Jim Comey has said that he is innocent,## that he welcomes a trial.

What's# his defense likely to argue here?## And is it possible that this# never even makes it to trial?

BARBARA MCQUADE: I think so.

I mean, I think, before th.. to dismiss.

One grounds for a motion to# dismiss would be selective prosecution.## That means that a person was targeted not because# of some legitimate law enforcement objective, but## because of some arbitrary or improper objective,# in this case, perhaps political considerations.

And Donald Trump's posts on social media# would certainly be evidence to document## that sort of a thing.

It could also# be an argument that the case should## be dismissed on the grounds of due process# violations as to his right to a fair trial.

When you have Donald Trump telling the world, the# president of the United States, that he lied or## that he's a bad person, everybody's going to hear# that, and it potentially taints the jury pool.

But then, ultimately, if this case does# go to trial, that's where Jim Comey will## attack the evidence that the government# puts in, will perhaps likely, I think,## testify on his own behalf and deny the charges.# And then it will be up to a jury to decide## whether the government has met its burden# of proving guilt beyond a reasonable doubt.

AMNA NAWAZ: Barb, as you heard Liz Landers'# report there, the fact that only attorney## Lindsey Halligan's name is on the indictment# that none of the prosecutors in her office## signed off on this, how unusual is that?

And# what does that say to you about this case?

BARBARA MCQUADE: It's extraordinary.

I served as an assistant U.S.

attorney for# 12 years and signed many indictments in.. capacity.

When I served as U.S.

attorney# for eight years, I signed exactly zero,## because it is the job of the line prosecutor to# sign those indictments.

The fact that she was## the one who signed the indictment, and the only# one, and that she was the one and the only one## who presented this case to the grand jury after# four days on the job is truly extraordinary.

What it says to me is that nobody else would touch# this case with a 10-foot pole.

Why?

Because they## don't believe in the case, and they believe# that they could perhaps have ethical concerns## and grievances against them, even risking their# own law licenses if they were to participate.

AMNA NAWAZ: And let's just revisit that# timeline, as Liz reported it out too.

This all followed, as you mentioned,# President Trump publicly telling his## attorney general to prosecute some of his# critics, including Comey.

The president## said today he hopes that there are more# people who could be prosecuted ahead.

Barb, big picture, what is to stop# President Trump here from using the## Department of Justice as his own personal law# firm to settle scores and suppress critics?

BARBARA MCQUADE: Well, what's interesting is# that, since Watergate, there have been norms that## prohibit conversations and communications between# the White House and the Department of Justice.## There have been policies that say prosecution# should not be used for political purposes.

But President Trump has busted through all of# those norms and now appears to be directing## his Department of Justice to do his bidding.

In# many ways, he may feel empowered by the decision## of the Supreme Court last summer that said he# personally cannot be held criminally liable## for acts that are conducted within the scope# of his constitutional duties as president.

I think these qualify.

So, what really is# left is individual cases of acquittals if## there is no evidence to prove these cases# or impeachment by the Congress.

And that's## something that we have seen Congress loathe# to do in recent years to impeach and then## convict a member of their own party.# But that is the recourse that we have.

AMNA NAWAZ: That's former federal prosecutor# Barbara McQuade joining us tonight.

Barb, thank you for your time.# Always good to speak with you.

BARBARA MCQUADE: Thanks.