Last week, on the heels of Trump administration officials going after Democratic Rep. Ilhan Omar of Minnesota, Barack Obama issued a statement condemning the obvious and politicized abuse, explaining, “It is a basic principle of American democracy that the government can’t selectively target individuals simply because of their political beliefs or what they say.”
As part of the same statement, the former Democratic president added, “And it’s not the first time this has happened. Under President Trump, the Justice Department has repeatedly gone after those he considers his political enemies — from the Attorney General of New York, to the former head of the FBI, to members of the Federal Reserve.”
The reference to the former FBI director made a lot of sense in light of the Republican administration’s crusade against James Comey, although Obama could not have known what would happen eight days later. MS NOW reported:
Former FBI Director James Comey is facing new federal criminal charges in Washington, D.C., accusing him of unlawfully transmitting sensitive national defense information and conspiring to disclose it to a reporter, according to court documents unsealed Monday.
Prosecutors filed the two-count criminal information under seal on Oct. 5, alleging Comey improperly disclosed national defense information while serving as FBI director in 2016. The charges include unlawfully transmitting national defense information to an unauthorized person and conspiracy to commit that offense.
According to the filing, Comey was responsible for some kind of sensitive leak on Oct. 5, 2016. The crime carries a 10-year statute of limitations, which made it all the more notable that Trump’s Justice Department brought the new charges on the last possible day.
In a statement, the former FBI director said the developments “would almost be funny if it weren’t such an appalling abuse of the Department of Justice, one that we cannot become numb to.” Comey added, “Nothing’s changed with me. I’m still innocent, and I’m still not afraid of these people, and I still believe in the independent federal judiciary.”
It might seem like ancient history, but nearly a decade ago, Trump saw Comey as a political ally. In fact, in January 2017, just two days into his first term, the president appeared to literally blow a kiss at the then-FBI director at a White House event, thanks in part to Comey’s role in undermining Hillary Clinton’s 2016 candidacy.
The affection did not endure. Days later, Trump told Comey he expected “loyalty,” and after Comey did his job instead, the president fired him in the hopes of derailing the FBI’s investigation into the Russia scandal.
When Comey, a lifelong Republican, went public with his concerns and criticisms about Trump, the president came to see the ousted FBI chief as one of his chief enemies, and in April 2018, he started demanding that Comey be prosecuted for crimes that Trump struggled to identify.
It’s taken several years, but the president is seeing the results he’s long sought.
When Trump’s DOJ first charged Comey last year, it was a devastating moment for American law enforcement. MS NOW’s Ken Dilanian reported that within the DOJ, many insiders believed it was “among the worst abuses” in the history of the institution. Describing the circumstances as “shocking,” Dilanian added, “It’s hard to overstate how a big a moment this is.”
Indeed, among the most striking things about the Comey case was that it had barely a pretense of propriety. A failing, desperate and unpopular president wanted a critic to be charged, without regard for merit; he publicly demanded the indictment; and he found officials who were willing to feed his appetite for revenge. It was a tragic lesson that Americans now live in a country where the president’s political opponents are prosecuted at his command.
Alan Rozenshtein, a former DOJ official who now teaches at the University of Minnesota Law School, told The New York Times, “What we are seeing is the almost wholesale collapse of the Justice Department as an organization based on the rule of law.”
The case ultimately collapsed, but not before a federal judge blasted prosecutors for what he described as an “indict first, investigate later” attitude. Around the same time, a bipartisan group of former federal prosecutors and judges wrote in a court filing that the case was an “assault” on the justice system.
In theory, Trump’s DOJ should have been chastened by the condemnations and by the case’s failure. In practice, the shamelessly weaponized department decided to give it another try, charging Comey again in April, alleging he used Instagram to call for violence against Trump by way of a purported seashell-related code.
Legal experts were reportedly “shell-shocked” over the preposterous nature of the case, and with good reason: No fair-minded observer could defend or take seriously such spurious charges.
Nevertheless, there’s now another case.
Time will tell what, if anything, comes of the cases, though there’s no reason to assume that a conviction is Trump’s intended end point. On the contrary, in the broader context, the new indictment checks a different set of boxes for the Republican president.
First, Trump appears eager to make it clear he can orchestrate federal prosecutions based entirely on his whim and petty desires, without regard for merit or evidence. There is, for all intents and purposes, a White House enemies list, and the president seems eager to intimidate and instill fear in those whose names appear on it.
Second, Trump is sending an unsubtle signal to other federal prosecutors who might be inclined to prioritize the rule of law over the White House’s wishes. Indeed, when it comes to the pursuit of the former FBI director, the prosecutors who chose not to bring charges against Comey were replaced with those who would follow political instructions. As a second set of charges moves forward, the message to other prosecutors couldn’t be clearer: Play along with the revenge campaign or face unemployment.
And third, the Comey prosecution allows the president to demonstrate he can force his perceived enemies to endure legal, personal and financial hardships as a direct consequence of their defiance of him, even if the indictments are a joke and the defendants are ultimately acquitted.
Trying to convict the former FBI director is largely irrelevant. The corruption is the point.
This post updates our related earlier coverage.
The post The DOJ’s cases against Comey will likely fail. For Trump, a conviction may not be the point. appeared first on MS NOW.
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