3 weeks ago
The 2nd indictment of ex-FBI head James Comey, a apical target of Donald Trump successful his thrust for revenge against critics, suggests much charges could beryllium coming against different Trump foes arsenic nan US president continues to usage nan section of justness to settee governmental scores, ex-prosecutors and rule professors said.
Legal critics besides spot nan caller indictment by acting lawyer general, Todd Blanche, arsenic “embarrassing” and “ridiculous” and revealing Blanche’s desire to quickly appease Trump and seduce him to make his assignment arsenic America’s apical justness charismatic permanent.
The caller expansive assemblage indictment of Comey came successful precocious April conscionable weeks aft Trump fired Pam Bondi arsenic lawyer wide successful portion because she grounded to successfully prosecute Comey and different Trump enemies, and tapped Blanche, her lawman astatine nan Department of Justice and a erstwhile apical Trump criminal defense lawyer, to beryllium acting AG.
Comey had incurred Trump’s wrath successful 2016 erstwhile arsenic FBI head he investigated Russian efforts to thief Trump triumph his first presidency and past was fired by Trump successful May 2017. Comey was first charged past twelvemonth successful a abstracted lawsuit alleging he lied to Congress which a judge threw retired connected nan grounds that White House lawyer and neophyte charismatic Lindsey Halligan had been improperly appointed connected Bondi’s watch.
Ex-prosecutors opportunity nan caller charges against Comey, which alleged he threatened to termination Trump based connected his posting a photograph connected Instagram successful May 2025 of seashells connected a formation that publication “86-47”, will apt beryllium dismissed by a judge for insufficient grounds aliases arsenic a “vindictive prosecution.”
“86” astir often intends removing aliases banning someone, but it’s besides slang for sidesplitting a person. Trump is nan 47th president. After he received criticism that nan building could pass nan threat of violence, Comey quickly removed nan station and indicated that he intended nary harm.
The justness department’s three-page, 2 count indictment alleges nan seashells were “arranged successful a shape making retired ‘86 47’, which a reasonable recipient who is acquainted pinch nan circumstances would construe arsenic a superior look of an intent to do harm to nan President of nan United States.”
Blanche said connected May 3 that DOJ has “evidence of each sorts” from an 11 period investigation that it will coming astatine a trial
In response, Comey quickly issued a video connection wherever he said: “I americium still innocent, I americium still not acrophobic and I still judge successful nan independent national judiciary, truthful let’s go.”
Ex-prosecutors opportunity that nan latest charges against Comey are weaker than nan earlier ones and signify Blanche’s ambition to quickly meet Trump’s desires
“The descent to nan bottommost astatine DoJ has accelerated since Bondi’s departure--an evident casualty of Blanche’s ambition,” Michael Bromwich, a erstwhile inspector wide astatine nan justness section told nan Guardian.
“Under Bondi, nan section forfeited its independency and past mislaid its soul. Now, based connected nan ‘seashell indictment’ and different events of nan past month, DoJ appears to person mislaid its mind. In much than 40 years of practicing law, I person ne'er seen a weaker indictment.”
Bromwich predicted that nan caller Comey charges “will neglect connected aggregate grounds some connected nan rule and connected nan facts – it’s conscionable a matter of which mobility to disregard nan judge decides to grant. It should beryllium embarrassing to everyone progressive successful nan determination to bring nan lawsuit and to prosecute it. Apparently, it was moreover excessively sketchy for Pam Bondi.”
Bromwich added that “Neither apical guidance successful nan DoJ nor nan FBI look to judge that nan 1st Amendment is nan rule of nan land.”
Similarly, ex-US lawyer for eastbound Michigan, Barbara McQuade, who now teaches rule astatine nan University of Michigan, told nan Guardian: “The Comey indictment is ridiculous. No unanimous assemblage of 12 group will find that sharing a image of seashells arranged successful nan style of 86 47 meets nan ineligible modular of a existent threat, defined arsenic a superior look conveying an intent to perpetrate an enactment of unlawful violence.”
McQuade stressed: “If Bondi was fired for failing to present connected Trump’s request for retribution, past Blanche appears wished to debar nan aforesaid mistake.”
McQuade’s constituent has been underscored by really Blanche moved quickly to rev up a wide ranging conspiracy lawsuit against different Trump enemies including John Brennan, nan ex-CIA head who, for illustration Comey, had made Trump’s enemies database during nan first Trump administration for probing really Russia supported Trump’s 2016 campaign
An investigation of Brennan and different Trump foes whom DOJ has been investigating arsenic portion of a multi-year “grand conspiracy” against Trump is now being overseen by Joe DiGenova, an 81-year-old erstwhile Trump predetermination lawyer who pushed conspiracies astir 2020 predetermination fraud, and was recruited successful April to expedite charges.
On 20 April, nan time he was sworn in, DiGenova appeared connected WBAL Radio and said Trump “personally asked” him to lead what he dubbed “the Russia hoax investigation”.
DiGenova past sketched a expansive conspiracy: he noted “the humanities value (of) what successful 2016, 2020 and 2024, wherever it’s very evident…that location was a very brazen crippled against a backstage citizen, and past a president, and past a post-president, and past a sitting president again, Donald Trump, to contradict him his civilian rights.”
According to a lengthy Lawfare study connected April 27, DiGenova’s statements are “only nan latest successful a litany of accusations diGenova has lodged against nan president’s perceived enemies complete nan years. The measurement and, indeed, nan vitriol of his grievances formed existent uncertainty connected his expertise to enactment arsenic an independent aliases impartial charismatic successful nan Grand Conspiracy lawsuit aliases immoderate related matter.”
Former prosecutors sound akin concerns.
“The administration’s caller efforts to weaponize nan criminal justness strategy person gone into overdrive,” said ex-DoJ prosecutor, James Pearce, who is simply a elder counsel astatine nan Washington LItigation Group, stressing that DiGenova “…has made profoundly improper nationalist statements astir individuals he is investigating…”
To make measurement for DiGenova’s caller role, DoJ removed nan seasoned Miami charismatic Maria Medetis Long, who was starring nan Brennan inquiry, reportedly because she balked astatine pressures to quickly complaint Brennan complete alleged lying to Congress.
Addressing nan removal of Long by Blanche, Stacey Young, nan executive head of Justice Connection, deplored nan increasing pressures connected prosecutors to bring charges sloppy of nan evidence’s strength.
“Until this administration, prosecutors were expected to driblet a lawsuit erstwhile an investigation revealed nary crime occurred. Now, if they garbage to prosecute charges against a perceived force of this President, they’re pushed speech and replaced pinch loyalists who will agelong nan facts and nan rule to manufacture a case.”
Other caller DoJ moves since Blanche became acting AG are raising reddish flags pinch critics who opportunity he’s bent connected pleasing Trump pinch charges and lawsuits against various governmental foes sloppy of whether grounds merits ineligible actions.
Among different anemic cases, critics mention Blanche allegations that nan Southern Poverty Law Center, a seasoned Alabama nonprofit focused on dismantling achromatic supremacy, had defrauded donors by utilizing their costs to salary informants wrong achromatic supremacist groups.
The SPLC pleaded not blameworthy connected May 7 to charges that it conspired to launder money and committed fraud.“
Ex-prosecutors opportunity that nan nationalist grounds truthful acold successful a 14-page indictment, doesn’t uncover that nan SPLC intentionally defrauded donors.
Amy Markopoulos, an ex-federal charismatic who served successful nan DoJ’s fraud conception for years, told USA Today that “Paying informants to past dismantle nan statement seems for illustration thing that group would expect to beryllium 1 of nan strategies that are used, truthful that seems for illustration a very anemic lawsuit to me.”
In McQuade’s eyes, nan SPLC charges and others pursued by Blanches since he became acting AG are cynical moves and contrary to DoJ policies.
“Blanche seems much willing successful scoring points pinch Trump by filing baseless indictments against nan president’s perceived enemies than successful securing convictions, moreover though nan strategy violates nan DoJ argumentation to record charges only if nan grounds is capable to get and prolong a conviction. Even if DoJ cannot convict Trump’s enemies, it tin make their lives miserable for a while, and past blasted their conclusion successful tribunal pinch baseless allegations that nan judge was “woke.”
In a akin vein, Fordham rule professor and ex-prosecutor Bruce Green told nan Guardian nan charges against Comey particularly guidelines retired arsenic “ a transparently absurd prosecution and I deliberation location will beryllium compelling reasons for a judge to flip nan case. It’s a vindictive prosecution.”
Green said that “to service successful this DoJ successful nan higher ranks you person to beryllium a existent believer.”
He added: “There are ongoing investigations that normal DoJ prosecutors wouldn’t bring, It seems clear that this DoJ is doing nan president’s bidding and has nary qualms astir proceeding against group who are connected his enemies database whether they did thing incorrect aliases not. “
