From Brennan Center for Justice <[email protected]>
Subject Prosecuting political foes
Date October 3, 2025 3:57 PM
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James Comey’s indictment is an unprecedented abuse of power by the president. ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌

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Carolyn Kaster/AP

When Prosecution Is Political

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A pillar of American values is that the legal system treats everyone equally. The indictment of former FBI Director James Comey makes a mockery of that idea, coming days after President Trump publicly demanded that federal prosecutors target his enemies. Brennan Center senior fellow and former U.S. attorney Joyce Vance details the charges and process that led to the faulty indictment, as well as what might come next

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The idea that displeasing the president could land you in prison is antithetical to democratic government. Comey’s prosecution exemplifies this administration’s escalating abuses of power. The Protecting Our Democracy Act, reintroduced in Congress last month, is a promising start toward insulating the Justice Department from political interference, but it must be part of a sweeping reform agenda

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Dangerous Uses of Federal Force

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Trump announced he has ordered the deployment of National Guard

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troops to Portland to suppress protests outside immigration detention facilities — at least the third such deployment in just over eight months. Before this administration, the military had been used to quell civil unrest or enforce domestic law only 30 times in the nation's entire history. Trump’s routine use of the military in U.S. cities breaks sharply with American traditions and principles. We must not let these abuses start to feel normal, no matter how frequent they are becoming

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New Levels of Corruption

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While political favoritism and self-dealing are not new to the presidency, this administration has taken the entanglement of money, public power, and personal gain to unprecedented extremes. After soliciting campaign contributions from fossil fuel executives, the president is now advancing industry-backed policies

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that come at the expense of millions of Americans. Major donors have also received pardons and favorable legal treatment

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. To restore trust and ensure that government serves the public good, not private profit, we urgently need stronger ethical rules, limits on the influence of big donors, and greater transparency.

Watching Everyone, Protecting No One

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The State Department has said that all 55 million visa holders in the United States will be subject to continuous surveillance for potential violations that could lead to deportation, including monitoring their social media. Tracking every digital move made by such a large population is unrealistic, and it represents a massive, troubling expansion of the surveillance of legal immigrants. A Brennan Center expert brief examines what this policy actually entails, the operational obstacles to carrying it out, and how the illusion of total oversight threatens free speech without improving security

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Podcast: The Campaign to Undermine the Midterms

From issuing an unconstitutional executive order to pardoning violent January 6 rioters, President Trump is making a concerted push to undermine American elections — a drive that will likely gather momentum as the 2026 midterms approach. Our latest podcast episode examines these unprecedented actions and ways to protect the integrity of the vote. Watch on YouTube

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or listen on Spotify

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or Apple Podcasts

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BRENNAN CENTER ON SOCIAL MEDIA

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Noncitizen voting is not a systemic problem, as borne out by a new report by Louisiana’s Republican secretary of state. Learn more on TikTok &gt;&gt;

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Brennan Center for Justice at NYU School of Law

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