What Crime Will Spygate Conspirators Be Charged With?

I’m acquainted with a former Federal Prosecutor on X who has been following the Spygate scandal. When people began speculating about the criminal charges the DOJ may bring against James Comey, James Clapper, and John Brennan, it seemed a conspiracy statute might apply. My attorney friend challenged his non-attorney friends to name a specific crime that could be charged as a conspiracy.

I did some research and posted my reply on X this morning. Here’s what I came up with:

One conspiracy statute that could be charged is conspiracy against rights. (18 U.S.C. § 241,)

To prove a violation of § 241, prosecutors must demonstrate two main things:

1) An agreement between two or more persons to injure, oppress, threaten, or intimidate someone in the free exercise or enjoyment of rights or privileges secured by the Constitution or laws of the United States.

2) A specific intent to interfere with the protected right. The 4th Amendment protects citizens against unreasonable search and seizure.

This right was violated when the FBI submitted false information to the FISA court to obtain permission to surveil Carter Page and, through him, the entire Trump campaign. (Kevin Clinesmith has already been convicted for his involvement in this criminal act.)

If the initial agreement among conspirators included covering up actions to avoid detection or punishment, subsequent concealment acts, such as lying under oath, may be considered acts in furtherance of the overall conspiracy.

Since 18 U.S.C. § 241 does not require an overt act, the statute of limitations is not tied to the date of the last overt act. Instead, the prosecution must prove that the conspiracy continued into the limitations period. If the acts of concealment are a continuation of the original conspiracy, with the aim of achieving its overall objectives, the statute of limitations would be calculated from the date the conspiracy is abandoned or its purpose is achieved, rather than from the initial agreement.

To date, none of the Spygate conspirators have withdrawn from the agreement.

Tonight, I found a short video where John Solomon asked Harmeet Dhillon, the head of the DOJ’s Civil Rights Division, whether violating someone’s civil rights can be charged under a criminal statute. She confirmed it can.

@jsolomonReports: “There are instances where depriving someone of their civil liberties is a criminal act, not just a civil enforcement matter?” @AAGDhillon: “Exactly… government officials may think, because nobody ever bothers to enforce these statutes, that they’re immune… pic.twitter.com/fQHLedbkHd

— AAGHarmeetDhillon (@AAGDhillon) August 7, 2025

I don’t know with certainty who will be indicted or under what statutes they will be charged. But I believe that people like John Ratcliffe, Tulsi Gabbard, and Harmeet Dhillon are intentionally dropping breadcrumbs to let us know what is coming with respect to the prosecution of Spygate Conspirators.