“Let’s face it, he is the lead prosecutor in every case, given that he has wrestled prosecutorial discretion away from the Department of Justice,” Kirschner said.

Also in Comey’s favor are the circumstances leading to Thursday’s indictment. Trump forced out the interim U.S. attorney for the district, Erik Siebert, after he reportedly declined to take the Comey case to a grand jury. Trump replaced him with a supporter, Lindsey Halligan, who has never been confirmed by the U.S. Senate, which may have run afoul of federal appointment rules and could invalidate the indictment, Kirschner said.