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James Comey’s Indictment—and the Danger of Political Prosecutions
James Comey appears before the Senate Intelligence Committee in Washington, D.C., on June 8, 2017. (Matt McClain/The Washington Post via Getty Images)
The indictment of the former FBI director is continuation of a cycle begun before the 2024 election. It was bad then. It’s bad now.
By Jed Rubenfeld
09.26.25 — U.S. Politics
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James Comey, the former FBI director fired by President Trump in 2017, was indicted in rushed proceedings by a federal grand jury in Virginia Thursday night. “There are costs to standing up to Donald Trump,” Comey said in a short video response. “I am not afraid. My heart is broken for the Department of Justice. But I have great confidence in the federal judicial system and I am innocent. So let’s have a trial.”

Is the Comey indictment an unconstitutional revenge prosecution? Or is it warranted? Did Comey break the law?

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Jed Rubenfeld
Jed Rubenfeld is a professor of constitutional law at Yale Law School, a free speech lawyer, and host of the Straight Down the Middle podcast. He is the author of five books, including the million-copy bestselling novel The Interpretation of Murder, and his work has been translated into over thirty languages. He lives with his wife, Amy Chua, in New York City, and is the proud father of two exceptional daughters, Sophia and Lulu.
Tags:
Donald Trump
Law
Policy
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