The prosecutions of James Comey and Letitia James have drawn widespread condemnation from legal scholars, who warn they could signal an alarming use of the Justice Department to punish political opponents.
Comey faces charges of obstruction of Congress and making false statements, related to testimony he gave before the Senate Judiciary Committee in 2020. Prosecutors allege he lied about authorizing an FBI employee to serve as an anonymous source for media reports. Comey has denied the allegations, calling the case a “vindictive political stunt.” His attorney has filed a motion to dismiss, arguing the indictment violates constitutional protections against retaliatory prosecution.
Letitia James was charged with bank fraud and making a false statement in connection with a 2020 home purchase in Norfolk, Virginia. She has also denied wrongdoing, calling the allegations “baseless.” Her first court appearance is scheduled for October 24. A spokesperson for James’s office said she remains focused on her duties as attorney general and her reelection campaign.
Interim U.S. Attorney Lindsey Halligan defended both cases, stating, “No one is above the law. The charges represent intentional, criminal acts and serious breaches of public trust.” However, former ethics officials counter that Halligan’s appointment — following the removal of a prosecutor who refused to pursue the cases — raises serious red flags about political interference in the justice system.
The Democracy Defenders Fund wrote that the pattern of targeting critics “undermines the integrity of American democracy” and warned of a “constitutional crisis in motion.” The Justice Department Inspector General’s Office, currently on furlough due to a government shutdown, has not yet responded to the request for review.
As legal proceedings move forward, both Comey and James have pledged to fight the charges and continue their public service. Their allies say the prosecutions are intended to intimidate critics of the former president. “This is what happens when justice is weaponized,” said one former federal prosecutor. “It’s not just about two individuals — it’s about whether the rule of law still applies equally in the United States.”