Charging Comey with the Cut-Out Case Would have been a Huge mistake
Lawfag here,
There is a reason the prosecutors were unanimous in the decision not to charge Comey with the "cut out" case of leaking that memo on purpose, the same reason he baited them by admitting to the whole thing.
Charging him with the cut-out means without any of the FISA stuff. The FISA warrant is the criminal intent of the illegal leak. I know that none of these laws have "criminal intent" as a necessary element and that they don't require that for ordinary peons, but the fact is that "criminal intent" is constitutionally necessary for any criminal law. They blair "ignorance of the law is not excuse" but actually, it is. Criminal intent is called "mens rea" or guilty state of mind, and every first year law student learns that it is essential. The USSA court system has figured out way to circumvent this requirement. A snake like Comey might have good enough lawyers and sympathetic judges to get away with this.
Waiting and chargning him with the FISA stuff minimizes this problem. Comey leaked his memo so that a FISA warrant could be granted based on the false info in the leak being published in a paper. Trying this case as a "cut out" means you can't bring in any of the FISA stuff. This would be fighting the fight with both hands tied behind your back. There are indeed people who's asses I could kick with both hands tied behind my back 9 times out of 10, but if I am going to fight them for 1 million dollars, I want my hands. (MMA fag too - who wrestles around with other guys half naked besides a fag I reckon)