James Comey has denied any wrongdoing and pledged to defend the case in court.
Comey indictment carries substantial legal obstacles, commentators say.
Trump’s behavior might help Comey defend himself against prosecution.
Indictment is viewed as move against wider range of enemies.
WASHINGTON: The American criminal case against former FBI director James Comey breaks conventions of independence for federal probes and will encounter major challenges in court, legal commentators say.
But to President Donald Trump, the ultimate outcome may be less important than the gesture to punish an official who did something he sees as a betrayal and the message to others who are political adversaries.
Comey, who was charged on Thursday with false statements and obstruction of a congressional investigation, was the head of the FBI when it opened an investigation into connections between Trump’s 2016 presidential campaign and the Russian government.
Comey has admitted his innocence and promised to take the fight to court.
Since Trump’s return to power in January, he has employed his presidential powers to cripple law firms who represented causes he detests, used federal money to compel transformations in universities and removed prosecutors who had participated in investigations against him.
He has also called for charges against former National Security Adviser John Bolton, New York Attorney General Letitia James and Democratic Senator Adam Schiff.
Former FBI director Comey indictment fuels Trump’s campaign to scare off critics
Asked about Comey’s indictment on Friday, Trump said, “I think there will be others.”
The indictment represented the first instance in which his administration invoked the authority of criminal prosecution against a high-profile opponent. It followed Trump explicitly calling for charges against Comey and requesting the ouster of a prosecutor who didn’t believe the case was strong.
“The ripple effect from this is huge,” said Rebecca Roiphe, a law professor at New York University. “If you are someone who opposes the president or the administration or poses some kind of obstacle to its agenda, you are doing so at grave risk.”
Leaders of the Justice Department have characterized the case as a blow against political corruption and the abuse of law enforcement. Trump and his supporters have long argued that the Russia probe was a politically motivated attempt to destabilize his first term.
“Today’s indictment demonstrates this Department of Justice’s dedication to holding accountable those who abuse authority for deceiving the American public,” Attorney General Pam Bondi said in a statement.
Deputy Attorney General Todd Blanche rejected the claim that the Justice Department was pressured into indicting Comey, saying Trump “wants us to do our job.”
Legal challenges ahead
There are various legal challenges standing in the way of a possible conviction for Comey, legal experts indicated.
Former FBI Director James Comey is sworn in before he testifies before a Senate Intelligence Committee hearing on Russias suspected meddling in the 2016 US presidential election on Capitol Hill in Washington, US, June 8, 2017. — Reuters
Former FBI Director James Comey is sworn in before he testifies during a Senate Intelligence Committee hearing on Russia’s suspected meddling in the 2016 US presidential election on Capitol Hill in Washington, US, June 8, 2017. — Reuters
It is being spearheaded by Lindsey Halligan, an attorney who represented Trump in civil lawsuits and has no background in prosecution.
In a rare step, Halligan, whom Trump appointed US Attorney for the Eastern District of Virginia, personally delivered the case to a grand jury, Reuters sources said. No career prosecutors in the office were among the signatories to the indictment.
Prosecutors must prove both that Comey’s statement was false and that it had a substantial impact on a congressional investigation into the FBI’s handling of probes into Trump and his 2016 election rival Democrat Hillary Clinton.
The indictment charges Comey with lying when he explained to Republican Senator Ted Cruz of Texas in 2020 that he supported earlier testimony he gave that he had not authorized anyone within the FBI to act as an anonymous source in news stories.
Former FBI director Comey indictment fuels Trump’s campaign to scare off critics
The indictment doesn’t mention the investigation or the news report in question, but someone with knowledge of the situation informed Reuters that it involved Comey’s alleged action of authorizing his friend, law professor Daniel Richman, to disclose details about an investigation involving Clinton. The document doesn’t indicate the evidence obtained against Comey.
“The foundation of the false statement charge is best described as extremely thin,” Bradley Moss, an attorney who handles national security cases, said.
A further potential hurdle is Trump’s direct intervention in the investigation. Halligan’s predecessor Erik Siebert, who was also one of Trump’s appointees, stepped down amid pressure after having qualms regarding the case.
Trump later referred to Comey by name in a tweet, calling for “JUSTICE MUST BE SERVED, NOW!” Following the indictment, Trump posted about Comey, “HE LIED” and “there is no way he can explain himself out of it.”
These words may be fuel for an argument on the defense that the prosecution is vindictive or selective, i.e., that Comey was unfairly targeted for prosecution.
Legal analysts indicated that arguments of this nature are tough to prevail on, but the documented record of Trump’s words and actions may make Comey an effective one.
A bigger message
Comey’s indictment comes as the Justice Department is actively pursuing investigations of Schiff and James on charges of mortgage fraud.
US President Donald Trump delivers a statement as he signs papers in the Oval Office of the White House in Washington, US, on February 4, 2025. — Reuters
US President Donald Trump delivers a statement as he signs papers in the Oval Office of the White House in Washington, US, on February 4, 2025. — Reuters
Bolton is being investigated for possible mishandling of classified documents.
All have been denying any wrongdoing.
Opponents of the administration dread that Comey’s indictment might be a precursor to an even greater campaign to employ criminal law against Trump’s opponents and critics, as part of an across-the-board effort to intimidate foes and quiet dissent.
It also breaks centuries of Justice Department tradition that holds criminal investigations need to be shielded from political pressure. An indictment exposes a defendant to the prospect of jail time and even winning a defense is immensely costly.
Former FBI director Comey indictment fuels Trump’s campaign to scare off critics
Trump campaigned successfully in 2024 partly on a promise of political revenge against those he claimed had unfairly targeted him and his political movement. Trump, the subject of four criminal indictments during his time out of office, has long complained that the legal system was unfairly directed against him.
In July, the White House X account uploaded an image of Trump against a fireworks-and-American-flag backdrop.
“I was the hunted,” the text on the image read. “NOW I’M THE HUNTER.”
