- The Department of Justice is arguing that it is not independent from President Trump even as it tries to claim that the prosecution of former FBI Director James Comey isn’t vindictive.
- In a court filing, federal prosecutors stated that “The Chief Executive directing his subordinates to exercise core Executive functions is a feature, not a bug, of our constitutional system,” claiming that the idea that the DOJ is independent from the president is “antithetical to the constitutional separation of powers” and “as a matter of historical analysis, it is a myth.”
- The DOJ tried to argue that the charging prosecutor in the case against Comey, U.S. Attorney Ellis Boyle, acted independently from Trump without any pressure from his superiors.
- Comey is trying to have the case dismissed, asserting that Trump was deeply involved in the case, pointing to Trump’s Truth Social post directing former Attorney General Pam Bondi to go after him as proof.
- Comey asserts that his case “effectuates a yearslong campaign by the President to use the criminal process to punish Mr. Comey for his protected speech and because of the President’s deep-seated animosity.”
- The DOJ’s own actions seem to back up the claim that Trump is only trying to get revenge on Comey for trying to stay independent during his FBI tenure, instead of pledging unconditional loyalty to the president.
The Justice Department (DOJ) is defending its prosecution of James Comey, asserting that President Trump's involvement is constitutional and not vindictive. In a recent court filing, the DOJ stated, “The Chief Executive directing his subordinates to exercise core Executive functions is a feature, not a bug, of our constitutional system.”1
This statement challenges the notion of DOJ independence from the presidency, labeling it as a myth. The DOJ also contends that U.S. Attorney Ellis Boyle, who is leading the prosecution against Comey, acted independently without pressure from Trump.3
Comey, however, is seeking to dismiss the case, arguing that Trump's involvement is evident from a Truth Social post where Trump directed former Attorney General Pam Bondi to pursue him. Comey claims this reflects a “yearslong campaign by the President to use the criminal process to punish Mr. Comey for his protected speech.”4
The DOJ's actions appear to support Comey's assertion that Trump is motivated by revenge for Comey's perceived lack of loyalty during his FBI tenure. The ongoing legal battle raises significant questions about the intersection of executive power and judicial independence in the U.S. legal system.
“Comey is seeking to dismiss the case, arguing that Trump's Truth Social post directed former Attorney General Pam Bondi to pursue him, indicating Trump's deep involvement. The DOJ's actions suggest that the prosecution may be driven by Trump's desire for revenge against Comey for his independence during his FBI tenure.”
The New Republic
