NEWS & RESEARCH
The US Justice Department has indicted former FBI Director James Comey for a third time, the prior two cases having been dismissed. The latest indictment charges the former FBI director with transmitting national defense information and conspiring to unlawfully disclose classified information to the New York Times in October 2016. The second indictment alleged two felony counts of threatening President Trump. The charges stem from Comey “liking” a May 2025 Instagram post featuring a sea shell formation on a beach displaying the numbers "86 47," which prosecutors argued was a "serious expression of intent to do harm."
SOURCES: Fox News | NBC News | NBC News
ANALYSIS & OPINION
Legal analysts criticized the indictment as a politically motivated act of retribution by the Trump administration. According to Jack Smith, the special counsel who indicted Trump twice, “We have a Department of Justice today that targets people for criminal prosecution simply because the president doesn’t like them.” The Esquire piece frames the Comey indictment as part of a broader "revenge fantasy," noting that the administration’s obsession with Comey has also extended to his daughter Maurene, who was fired from her role as a federal prosecutor. The piece in USA Today calls Trump’s DOJ a “clown show of revenge cases.”
SOURCES: USA Today | Esquire | New York Times
HOW TO FIX IT
Take legal action against retaliatory prosecutions.
Federal action:
Pass the Prohibiting Political Prosecutions Act of 2026, which prohibits government attorneys from being influenced by the political association, activities, or beliefs of a person in determining whether to take legal action against the person.
Reform the criminal code to avoid selective enforcement.
Codify the Principles of Federal Prosecution.
Bring disciplinary action against DOJ officials who engage in revenge prosecutions.
Legislation: S.3874 - Prohibiting Political Prosecutions Act of 2026
