Longtime followers of my work know that I am no fan of James Comey. I was the general counsel to Hillary Clinton’s 2016 campaign when Comey twice placed his hand on the scale to swing the election against us. I found his behavior morally and legally wrong and driven by his own inflated ego. His actions, in my opinion, resulted in Donald Trump becoming the 45th President of the United States.
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September 26, 2025
Longtime followers of my work know that I am no fan of James Comey. I was the general counsel to Hillary Clinton’s 2016 campaign when Comey twice placed his hand on the scale to swing the election against us. I found his behavior morally and legally wrong and driven by his own inflated ego. His actions, in my opinion, resulted in Donald Trump becoming the 45th President of the United States.
However, my personal feelings about James Comey do not change the fact that he did not commit any crime when he testified before Congress. And Donald Trump’s threats to go after others will not stop me from speaking up in his defense.
The investigation into his testimony was politically motivated. His indictment is an abuse of the justice system and an affront to the Constitution. It is the product of a president looking to punish his political opponents and sycophants without any sense of decency or self-respect.
The Comey indictment marks the latest — but not the first — chapter in the new playbook Trump and his allies have settled on to punish their rivals, silence their critics, and undermine any effort to build a new political opposition movement.
What makes the indictment so dangerous is not its lack of merit; we have long since crossed that line.
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Recall that in the first weeks of the Trump administration’s second term, Trump-loyalist Ed Martin threatened a Democratic senator and member of Congress with nonsensical criminal theories. And it was Alina Habba who was the first Trump lawyer turned U.S. attorney to indict a political opponent on frivolous charges.
Comey is not even the first former Republican to be targeted by Trump. That distinction is held by John Bolton, whose home was raided several weeks ago.
What makes this escalation so dangerous is the administration’s comfort in being transparent about what it is doing. Comey was charged after another Republican appointed by Trump refused to seek an indictment, and only after the president told “Pam” via social media post that “We can’t delay any longer.”
Gone are the days of hidden, secret tapes. Trump is committing his crimes out in the open.
Trump isn’t worried about distancing himself from this criminality. Quite the opposite: he is now singling them out in public for prosecution, and the Department of Justice is obliging. No longer is the threat silent and unseen. It is now an overt weapon to be used not only to go after his past enemies but to intimidate potential future opponents.
Much of the initial commentary about the indictment focuses on the fact that Comey is nearly certain to win at trial. But what message does that send to those who seek to stand up to Trump? If the price of telling the truth is to shoulder the cost, anguish, and reputational damage of a politicized indictment, how many will be willing to speak out?
These are dark and dangerous times.
For many of us, James Comey is not a particularly sympathetic figure. But we cannot only defend the perfect victims of Trump’s abuses. What is happening to Comey is wrong. Period.
The Weekly Top Line
James Comey was not the only one targeted this week by Trump. On Thursday, Trump signed a memorandum directing the federal government to investigate and dismantle left-leaning nonprofits. He also mentioned going after a Foundation founded by philanthropist George Soros. He mused about targeting other prominent funders of progressive causes.
Then on Friday, he said “there will be others.” I have no doubt there will be. Trump is fulfilling his promise to take revenge and retribution on his opponents. We are foolish to think that if we simply sit on our hands and say nothing that his “enemies list” will end. There is no end. This is only the beginning.
Fools and Cowards of the Week
Back in February, Assistant U.S. Attorney Hagan Scotten resigned from his position instead of bowing to political pressure to dismiss the indictment against New York Mayor Eric Adams. When he left his post, he penned a powerful letter explaining his reasoning. In it, he excoriated the senior lawyers advising Trump for their lack of courage and failure to explain to the president why dismissing the charges was improper.
“If no lawyer within earshot of the President is willing to give him that advice,” he wrote, “then I expect you will eventually find someone who is enough of a fool, or enough of a coward, to file your motion. But it was never going to be me.”
This recurring section of my weekly recap is titled in honor of that letter. In the coming days, “someone” — some lawyer — will file a notice of appearance in federal court to prosecute this case. Whoever they are, whatever their excuse or justification, once they take that step, they will forever be marred as the fool and coward that Scotten warned us about.
The Week’s Siren 🚨
On Friday, the Department of Justice filed six more lawsuits compelling states to turn over their complete records of every voter registered in their states. This is in addition to the two it filed against Maine and Oregon. I have been ringing this bell for a while and with every lawsuit, I will keep ringing it. The DOJ is preparing its assault on the 2026 midterm elections, and if these records are handed over, voters should prepare to be targeted.
Overlooked This Week 👀
The Department of Justice was once the champion of the Voting Rights Amendment. Now, it's asking the Supreme Court to gut it. On Wednesday, the DOJ filed an amicus brief urging the justices to dismantle what’s left of the landmark legislation.
We should watch closely to see what happens next — but I fear that we will not be surprised.
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