This is an adapted excerpt from the Sept. 24 episode of “All In with Chris Hayes.”
James Comey, the former FBI director and outspoken critic of Donald Trump, is expected to be indicted by the Department of Justice in the coming days. At this point, it is not even clear what Comey would be charged with. Sources tell MSNBC that one component may be an allegation of lying to Congress — almost exactly five years ago — during Comey’s testimony about whether he authorized a leak.
That anniversary is actually very important here. Comey’s congressional testimony was on Sept. 30, 2020, which means the five-year statute of limitations expires next Tuesday, Sept. 30, 2025. So if Trump’s Justice Department wants to charge Comey with this dubious crime, it needs to do so before then.
It’s the culmination of an explicit effort to use the Justice Department to persecute and prosecute Trump’s political opponents and perceived enemies.
Both Comey’s lawyer and a spokesperson for the U.S. Attorney’s Office declined to comment to MSNBC. But if this reporting is accurate, this looks like a blatant abuse of the justice system — certainly far exceeding anything we’ve seen since Watergate, at least.
It’s the culmination of an explicit effort to use the Justice Department to persecute and prosecute Trump’s political opponents and perceived enemies. Not for crimes they have actually committed. Not because of the facts of the law. But a desire by the president of the United States to punish people who criticize him publicly.
Just look at the facts: The indictment is expected to come from the Eastern District of Virginia, the same jurisdiction where prosecutor Erik Siebert was pushed out last week for refusing to bring bogus charges against New York’s Democratic Attorney General Letitia James and for raising doubts about the investigation into Comey.
Siebert was then replaced with one of Trump’s former personal lawyers, Lindsey Halligan, a 36-year-old Florida insurance lawyer with absolutely no experience as a prosecutor, but who is presumably willing to bring whatever charges the president wants, regardless of the evidence.
All of this happened right out in the open. In a directive posted to Truth Social that may or may not have been intended as a private message to Attorney General Pam Bondi, Trump wrote, “Pam: I have reviewed over 30 statements and posts saying that, essentially, ‘same old story as last time, all talk, no action. Nothing is being done. What about Comey, Adam ‘Shifty’ Schiff, Leticia??? They’re all guilty as hell, but nothing is going to be done.’”
The post added, “We can’t delay any longer, it’s killing our reputation and credibility. They impeached me twice, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!! President D-J-T.”
That appears to be the sitting president directing his attorney general to ensure that his political opponents are criminally prosecuted. It now looks like he is going to get his wish — and swiftly.
It hasn’t even been a week since Siebert was forced out, and it seems Trump’s new U.S. attorney has magically found that there is new evidence to bring charges — evidence that career prosecutors could not find.
In fact, according to a new report from ABC News, confirmed by MSNBC, “Earlier this week, prosecutors presented Lindsey Halligan … with a detailed memo recommending that she decline to bring perjury and obstruction charges against Comey.” But now, in the context of the looming deadline and pressure from the president himself, it appears that the Justice Department might bring charges against Comey.
The history here is also worth remembering. Comey, a Republican, was appointed to run the FBI by then-President Barack Obama. He later investigated Hillary Clinton’s email server and was the guy who arguably tipped the 2016 election to Trump after Comey announced he would reopen that investigation just days before Election Day. Comey was later fired for refusing the president’s entreaties and has been a frequent target of Trump’s ever since. Comey’s term as director then continued under Trump, who quickly made clear that he wanted a very close relationship with the historically independent FBI. You might recall a video of Trump embracing a visibly uncomfortable Comey, which then prompted the director to try and blend in with the curtains. Or maybe you remember Comey’s retelling of a private meeting where he said the new president pressured him to do the administration’s bidding — specifically, to drop the investigation into Trump’s friend and onetime national security adviser Mike Flynn, who ultimately pleaded guilty to lying to the FBI. Comey was later fired for refusing the president’s entreaties — a firing he says he learned about from catching a glimpse at the television while at an event for the bureau — and he has been a frequent target of Trump’s ever since. Earlier this year, the White House and Fox News tried to manufacture a controversy in which they claimed an Instagram post by Comey spelling out the numbers “86 47” with rocks on the beach was a credible threat to the president’s life. Not long after that, Comey’s daughter Maurene Comey was fired from the U.S. Attorney’s Office in the Southern District of New York, reportedly as a direct act of retaliation by Trump against her father. She’s now suing the Justice Department. All of this petty vindictiveness is because Comey refused to turn the FBI into a weapon that Trump could use to protect his friends and punish his enemies — and it’s clear that Trump’s new Justice Department and FBI have no such reservations.
Chris Hayes hosts “All In with Chris Hayes” at 8 p.m. ET Tuesday through Friday on MS NOW. He is the editor-at-large at The Nation. A former fellow at Harvard University’s Edmond J. Safra Foundation Center for Ethics, Hayes was a Bernard Schwartz Fellow at the New America Foundation. His latest book is “The Sirens’ Call: How Attention Became the World’s Most Endangered Resource” (Penguin Press).
Allison Detzel is an editor/producer for MS NOW.
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