by David R. Wells and Lawrence H. Wells
The repeated attempts to prosecute former FBI director James Comey are an egregious example of the Trump administration's misuse of the Department of Justice (DOJ) to punish people Trump does not like.
During his term as FBI director Comey had investigated possible Russian interference in the 2016 presidential election; the alleged Russian interference had the goal of damaging the Democrat party's candidate, Hillary Clinton. The investigation was turned over to Special Counsel Robert Mueller when Predident Donald Trump fired James Comey on 9 May 2017.
Robert Mueller's subsequent Report On
The Investigation Into Russian Interference In The 2016 Presidential Election
… established that Russia
interfered in the 2016 presidential election
, but
… did not establish that
members of the Trump Campaign conspired or coordinated with the Russian
government in its election interference activities.
Several officials in Trump's 2016 campaign were later either pleaded guilty or were convicted of charges that stemmed from the investigation. They include campaign manager Paul Manafort, deputy campaign manager Rick Gates, foreign policy advisor George Papadopoulos, consultant Michael Flynn, and campaign advisor Roger Stone. (Flynn, Manafort, and Stone were pardoned by Trump in November 2020.)
Trump's Department of Justice first attempted to charge Comey with lying to Congress and obstructing Congress during a 30 Sep 2020 Senate Judiciary hearing. When Erik Sieber, US Attorney in the Eastern District of Virginia (which covers Washington DC) refused to charge Comey (and also Leticia James, another Trump opponent), Trump fired him and appointed Lindsey Halligan as his replacement.
Halligan had no experience as a prosecutor, but had been one of Trump's personal attorneys. Comey was indicted five days later, on 25 Sep 2025. The indictment did not specify which of Comey's statements were false, or how they obstructed Congress.
On November 24, 2025, senior United States district judge Cameron McGowan Currie ruled that Halligan had been appointed illegally, and that all of her prosecutorial actions - including indicting Comey - were therefore invalid.
On January 12, 2026 Robert McBride, another prosecutor with the U.S. Attorney's office for the Eastern District of Virginia, was fired after refusing to re-indict Comey on the same charges.
The failure of the "obstruction of Congress" indictment did not end the Trump administration's attempts to punish Comey: On 28 April 2026 the Department of Justice indicted Comey on the dubious charge of threatening the life of the President by publicly posting a photo of sea shells arranged to spell "8647". The case is ongoing, but we note that that a Federal judge recently rejected a similar charge against protesters flying an "8647" flag.
On 5 October 2026 the
DOJ charged Comey again, this time with disclosing
classified information to a reporter exactly ten years earlier. This charge also looks
dubious: The DOJ investigated the allegations twice during Trump's first
administration, and both investigations ended with no charges against Comey (or
anyone else).
We must note that
Donald Trump was previously indicted for illegally retaining and grossly
mishandling hundreds of highly classified documents after he left office in
2021. The charges were only withdrawn after Trump was re-elected.
Trump's campaign of retribution against Comey extended to members of his family: Assistant United States Attorney Maurene Comey, his daughter, was abruptly fired on 16 July 2025. She sued the DOJ for illegally firing her without cause, and won.
James Comey is not the only example. Trump has attempted to use the DOJ against numerous other actual and perceived opponents, including Senator Adam Schiff (D-CA); Federal Reserve Board member Jerome Powell; Federal Reserve Board member Lisa Cook; former New York State Attorney General Leticia James; Representative Ilhan Omar; and Minnesota state and local government officials who opposed the Jan 2025 ICE crackdown in Minneapolis.
He may, if it suits him, even use it against you.
© 2026 David R. Wells & Lawrence H. Wells
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