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The Justice Department's 3rd Attempt To Imprison James Comey Stinks of Trump's Desperation for Revenge

27 October 2026 at 19:15
James Comey | Christy Bowe/Zuma Press/Newscom

A little more than a year ago, President Donald Trump publicly demanded that Pam Bondi, then the attorney general, find a crime to pin on former FBI Director James Comey. Trump's underlings have repeatedly tried to do that, first charging Comey with lying to Congress and then accusing him of threatening to assassinate the president. But the first indictment was dismissed because Trump had illegally appointed the prosecutor who obtained it, and the second was doomed right out of the gate because it aimed to punish constitutionally protected political speech.

The Justice Department's latest attempt to follow Trump's marching orders was revealed on Monday, when U.S. District Judge Trevor McFadden unsealed a "criminal information" that claims Comey illegally shared classified information with The New York Times on October 5, 2016. In an attempt to meet the statutory deadline for that charge, prosecutors filed it exactly 10 years after the alleged disclosure. But Comey's lawyers argue that federal law required the government to obtain a grand jury indictment within 10 years of the alleged offense, which it failed to do.

Whatever you make of that dispute, the president has made it clear that he wants to imprison Comey, a longtime nemesis because of his role in the "Russiagate hoax" during Trump's first term, and does not much care about exactly how that happens. Justice Department officials, meanwhile, are keen to pursue Trump's personal vendetta by using their prosecutorial powers as an instrument of his revenge.

The new case "would almost be funny if it weren't such an appalling abuse of the Department of Justice," Comey said in an online video on Monday. "I'm still innocent. I'm still not afraid of these people, and I still believe in the independent federal judiciary."

In the New York Times story at the center of the case, Charlie Savage and Nicole Perloth reported that Yahoo had adapted "a system intended to scan emails for child pornography" to comply with a Foreign Intelligence Surveillance Court order seeking "messages containing a computer 'signature' tied to the communications of a state-sponsored terrorist organization." Savage and Perloth cited "two government officials who spoke on the condition of anonymity."

Dustin Farahnak, a special U.S. attorney for the District of Columbia, says that story included "first-time disclosures of classified information not intended for the public domain." According to Farahnak, the government has evidence that Comey "directed staff" to discuss "specific accuracy concerns" about a prior Reuters report on the same subject with Savage. In the process of doing that, Farahnak says, those FBI officials "illegally transferred classified information."

Comey's attempt to set the record straight, according to Trump's henchmen, was a felony punishable by up to 10 years in prison under 18 USC 793(d), an Espionage Act provision that applies to an official who "willfully" shares "information relating to the national defense" with an unauthorized recipient when he "has reason to believe" it "could be used to the injury of the United States." Comey also faces a charge of conspiring to violate Section 793, which likewise carries a maximum 10-year sentence.

If Comey's alleged disclosure was such a grave crime, you might wonder, why did it take a decade to charge him? Because two prior investigations of the same incident concluded that criminal charges were not warranted.

Beginning in March 2017, John Durham, the U.S. attorney for the District of Connecticut, looked into the genesis of the Times article. The investigation found that James Baker, then the FBI's general counsel, was one of the anonymous sources. Baker said he had acted under instructions from FBI Chief of Staff James Rybacki, whom he understood to be conveying Comey's wishes. Durham's investigation included interviews, emails, phone records, and consideration of the relevant statutes. In December 2018, Comey's lawyers note, Durham "wrote a classified memorandum outlining the investigation and recommending 'NO prosecution for Baker or anyone else.'"

The following month, the U.S. Attorney's Office for the District of Columbia "opened an investigation into the same subject matter," Comey's lawyers say. That investigation "was closed without any charges in February 2020" after the office "declined to prosecute."

Given the outcomes of those two investigations, the decision to charge Comey now stinks of desperation to slake Trump's thirst for revenge. According to Comey's lawyers, the tardiness of the charges also fatally undermines the case.

Federal law generally requires that prosecutors file charges within five years of the alleged crime. But the Internal Security Act of 1950 made an exception for Section 793, saying "an indictment for any violation" of that provision "may be found at any time within ten years next after such violation shall have been committed."

The charges against Comey "should be dismissed as time barred," his lawyers argue: "Section 19 of the Internal Security Act gives the government an extended ten-year limitations period in which to charge Section 793 offenses. But as Section 19 unambiguously states, the government may invoke that extended period only by obtaining a grand jury indictment. A criminal information—which the government can issue unilaterally without grand jury involvement—does not suffice. Because the default five-year statute of limitations for federal felonies has long since elapsed on the alleged offenses, and the government's information does not meet the express statutory requirement for an extended ten-year limitations period, the information is untimely and must be dismissed."

Whichever side prevails on that issue, no one should have any illusions that the Justice Department is pursuing the mission suggested by its name. "It remains unclear what [McFadden] will do with the matter and whether DOJ will even be able to secure an indictment—as required by the Constitution," Cato Institute legal fellow Mike Fox says in an emailed press release. "Should the matter proceed, it is unequivocally clear that this case is a vindictive prosecution—a classic case of lawfare by a weaponized Justice Department."

The post The Justice Department's 3rd Attempt To Imprison James Comey Stinks of Trump's Desperation for Revenge appeared first on Reason Magazine.

AfD Data Leak Exposes Questions Over Alice Weidel’s Campaign Funding and Party’s Internal Divisions

27 October 2026 at 13:45

More than 420,000 leaked emails have reopened a controversy over illegal donations to Germany’s Alternative for Germany party, while newly examined correspondence reveals previously undisclosed disagreements within its leadership. The revelations could also influence the continuing debate over the party’s constitutional status.

Germany’s Alternative for Germany (AfD) is facing renewed scrutiny after hackers published a substantial archive of internal correspondence, exposing details of party finances, political strategy and disputes among senior officials.

The material, released on 19 October 2026, comprises approximately 421,000 emails and nearly 50,000 accompanying documents, amounting to some 281 gigabytes of data. The files cover more than a decade of party activity, including correspondence involving co-leader Alice Weidel, former chairman Alexander Gauland and other senior figures.

The AfD confirmed that its hosting provider had suffered a cyberattack in September. According to the party, the attackers obtained information from a limited number of email accounts, many of which had not been actively used for several years.

The identity of those responsible remains unknown.

The documents are being examined by several investigative teams, including ZDF, Der Spiegel and Austria’s Der Standard, with technical assistance from the Organised Crime and Corruption Reporting Project (OCCRP).

The Swiss donations controversy returns

The most consequential findings so far concern Weidel’s knowledge of illegal campaign donations received during Germany’s 2017 federal election.

At the time, approximately €132,000 was transferred through Swiss companies into accounts belonging to the AfD’s Bodensee district organisation. The payments were designated for Weidel’s election campaign, particularly its social media activities.

When the transactions became public in 2018, Weidel maintained that she had not known about the money until September 2017 and described the donations as unsolicited.

However, correspondence examined by German investigators and journalists raises questions about that account.

In an email dated 10 July 2017, attributed to Weidel, she told her district treasurer that campaign donations had been promised and requested that the party’s bank account be checked twice weekly.

She also asked to receive confirmation of incoming payments so that campaign expenditure could be planned.

Four days later, the first payment arrived from Switzerland.

Further correspondence indicates that Weidel arranged a separate campaign account and obtained authority to direct expenditure from donations earmarked for her election activities.

The latest investigation, published on 26 October, provides additional details about the account’s management and how the party handled the ensuing controversy.

The leaked correspondence also reportedly includes invoices relating to the purchase of approximately 25,000 Facebook followers for Weidel’s campaign. The extent to which those accounts were automated, and their influence on voters, has not been established.

The AfD was previously ordered to pay approximately €396,000 for accepting the unlawful donations. Criminal proceedings involving Weidel and other district officials were discontinued in September 2021 because prosecutors found insufficient evidence of criminal wrongdoing.

Weidel’s spokesman has rejected suggestions that she misrepresented events. He maintains that she had discussed possible contributions with several potential supporters but had neither anticipated specific amounts nor expected the payments from the Swiss companies concerned.

The new material does not establish that Weidel knew the identity of the ultimate donor or participated in concealing the source of the funds.

Emails reveal divisions over the party’s radical wing

Another development concerns Weidel’s earlier relationship with Björn Höcke, the influential leader of the AfD’s Thuringia organisation.

According to correspondence examined by WELT, Weidel expressed serious reservations between 2015 and 2017 about the influence of nationalist and extremist elements within the party.

She warned colleagues that associations with the anti-Islam Pegida movement and the far-right National Democratic Party risked alienating mainstream conservative voters, particularly in western Germany.

Her private concerns contrast with her subsequent accommodation of Höcke’s influence within the AfD.

The correspondence provides evidence of the internal disagreements that accompanied the party’s transformation from an initially Eurosceptic political movement into one centred increasingly on immigration, national identity and opposition to Germany’s established parties.

The revelations are particularly relevant because Weidel now promotes proposals for substantial changes to Germany’s relationship with the European Union.

As EU Today previously reported, she has advocated withdrawing Germany from the euro and the Schengen passport-free travel area.

Could the material influence an AfD ban?

The leak arrives amid continuing legal and political arguments over whether the AfD threatens Germany’s constitutional democratic order.

In May 2025, the Federal Office for the Protection of the Constitution classified the party as a confirmed right-wing extremist organisation. However, a Cologne court issued an injunction in February 2026, preventing that classification from taking effect pending a final judicial decision.

The court acknowledged evidence of anti-constitutional tendencies within the AfD but found that the material presented was insufficient at that stage to establish that they characterised the party as a whole.

The leaked emails could potentially become relevant to future assessments.

Germany’s Interior Ministry has confirmed that domestic intelligence authorities can, in principle, consider available information when evaluating possible threats to the constitutional order.

Nevertheless, whether unlawfully obtained correspondence could be admitted as evidence, and what weight it would carry, would require separate legal examination.

A party ban can be imposed only by the Federal Constitutional Court. The present disclosures do not themselves establish the legal conditions necessary for such a decision.

Questions over authenticity and data protection

The scale of the archive introduces further complications.

The material reportedly contains bank statements, membership records, personal correspondence and other confidential information involving thousands of individuals.

Journalists have verified portions of the correspondence by comparing messages with independently retained originals. Handelsblatt’s examination, for example, identified previously exchanged emails whose contents matched records held by its own reporters.

However, verification of individual communications does not establish the authenticity of every document in the archive. Fabricated messages have also circulated online.

In an official statement on 21 October, the AfD described the breach as criminal data theft and said it would not authenticate individual documents for journalists.

The party has also reported the incident to the authorities.

For Germany’s political institutions, the affair now presents several distinct questions: whether historical campaign finance arrangements were accurately disclosed, what the correspondence reveals about the party’s internal decision-making, and whether any of the documents provide evidence relevant to ongoing constitutional scrutiny.

Those questions remain open as investigators and journalists continue examining the archive.

How free is Ukraine's press in wartime?

27 October 2026 at 06:00
"An environment is gradually taking shape in which it is becoming increasingly difficult for journalists to do their jobs," Inna Vedernikova, a journalist at the Ukrainian newspaper Dzerkalo Tyzhnia, told the Kyiv Independent. "The space for freedom of speech is shrinking."

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