The Meaning of the Comey Indictment

"The Trump Administration has crossed a line. The wall of independence between the Justice Department and the White House, which has long stood to protect DOJ's fearsome power to deprive individuals of their liberty, has been reduced to rubble. Politics have invaded and infected prosecution. And the resulting indictment is confounding, at best. I'm no fan of James Comey. I've publicly criticized his habitual abuse of power and process, his relentless self-aggrandizement, and his breathtaking hubris. But he does not deserve this. Nobody does."

"We've got two counts - the grand jury reportedly rejected a third - both based on Comey's testimony to the Senate in September 2020. Count One alleges that Comey testified falsely and Count Two charges that, by giving that false testimony, he obstructed a Congressional proceeding. According to the indictment, Comey testified that he had not authorized anyone else at the FBI to leak information to the media, when in fact he had done so."

The Justice Department’s traditional independence has been eroded, with political considerations influencing prosecution decisions. An indictment against James Comey contains two brief counts alleging false testimony and obstruction based on his 2020 Senate testimony about authorizing FBI leaks. The charging document is unusually short and lacks detailed specificity. Previous exhaustive inquiries, including an Inspector General report and a lengthy Special Counsel probe, did not result in charges until days before the five-year statute of limitations expired. The timing and brevity of the indictment raise concerns about politicized motives and the improper use of prosecutorial power.

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