DOJ Argues It’s Fine If Trump Asked Agency To Prosecute James Comey

Aug 19, 2026 10:47 PM - 1 hour ago 1

Topline

The Trump management opposed erstwhile FBI Director James Comey’s effort to throw out the criminal charges against him successful a bid of filings Tuesday, arguing the Justice Department didn’t prosecute Comey conscionable because he’s agelong opposed President Donald Trump—but it would beryllium good for the president to inquire it to.

The Justice Department has pointed to James Comey's May 20, 2025, quality connected "The Late Show pinch Stephen Colbert" to thief warrant his indictment.

CBS via Getty Images

Key Facts

The Justice Department responded Tuesday to Comey’s mobility asking the tribunal to dismiss the charges against him, which argues he did not make a “true threat” against the president’s life and is being “selectively prosecuted” owed to his longtime disapproval against Trump.

The DOJ indicted Comey complete a now-deleted Instagram station showing shells pronunciation retired “86 47”—a building that intends “get free of” but tin besides mention to sidesplitting someone—which the authorities argues constituted a “true threat” against Trump’s life, an allegation that Comey firmly denies.

In tribunal filings Tuesday, the DOJ argued the rumor of whether Comey meant to frighten Trump should yet beryllium near up to a assemblage to determine astatine trial, and denied Comey’s allegation that the prosecution was vindictive—claiming there’s nary grounds the charismatic who brought the charges aliases anyone astatine DOJ was astatine each biased against him, and it doesn’t matter if Trump was.

After Comey pointed to Trump’s September societal media post urging erstwhile Attorney General Pam Bondi to spell aft the erstwhile FBI main and different Trump critics, the DOJ based on Wednesday location was nary denotation the charges were brought because of unit from the president—and, moreover if they were, that wouldn’t beryllium an issue.

The president “directing his subordinates to workout halfway Executive functions” for illustration prosecuting group “is a feature, not a bug, of our law system,” the DOJ argued, claiming the thought of DOJ having “independence” from the president is “a myth” and “antithetical to the law separation of powers.”

Comey’s attorneys are required to respond to the DOJ’s filings by Sept. 1, and Comey has antecedently powerfully denied his station was meant to endorse violence.

Crucial Quote

“The trial for vindictive aliases selective prosecution is not whether the Chief Executive has an power connected the prosecutorial decisions of his subordinates,” the DOJ argued Tuesday. “It is, rather, whether those prosecutors person exercised their powerfulness wrong the constraints [of the Constitution].”

What to Watch for

The tribunal will norm connected Comey’s mobility to person his indictment thrown retired astatine immoderate constituent successful September, aft Comey responds to the DOJ’s Tuesday filings by Sept. 1. Comey is group to beryllium arraigned connected Sept. 30 if the charges move forward, truthful Judge Louise W. Flanagan will apt norm earlier that date. If the lawsuit doesn’t get dismissed, Comey’s proceedings will statesman successful North Carolina connected Oct. 21. Comey faces 2 counts, for allegedly making a threat to termination aliases harm the president, and for allegedly transmitting successful interstate commerce a threat to termination aliases injure different person. Each are punishable by up to 5 years successful prison, arsenic good arsenic a fine.

News Peg

The DOJ’s filing backing Trump’s expertise to unit the agency comes arsenic recently confirmed Attorney General Todd Blanche has travel nether occurrence for making akin arguments. Blanche has faced wide disapproval for not being suitably independent from Trump, fixed he antecedently served arsenic the president’s individual defense attorney. In response, he’s claimed to Congress and the media that the lawyer wide is not meant to enactment independently from the president—despite that antecedently being the agency’s longstanding practice. “There’s a large quality betwixt saying, ‘We will ever do our occupation and analyse immoderate case’ and ‘act independently of the White House,’” Blanche said Sunday connected “Meet the Press” erstwhile asked if he’d enactment independently of Trump. “No, I’m not going to promise that, and nary lawyer wide should ever promise that.”

Why Does DOJ Argue Comey’s ‘86 47’ Post Was A ‘True Threat’?

In a filing Tuesday, the DOJ provided immoderate of its grounds for why discourse suggests Comey’s “86 47” station constituted a “true threat” against Trump. The authorities pointed to a meaning of “86” successful a slang dictionary that lists “to kill” aliases execution arsenic being among the definitions of the term, arsenic good arsenic grounds from a erstwhile mob leader who claimed, “In his world, ‘everyone knew’ that 86 meant ‘kill,’ and fixed Comey’s acquisition arsenic FBI Director, location is ‘no measurement that Comey did not cognize that.’” The DOJ besides pointed to the caller Comey wrote and was promoting amid the outcry complete his “86 47” post, citing passages from the book successful which characters talk a king issuing a cloaked bid to his supporters to termination his enemies. “He knows an onslaught will travel his words but he closes his eyes truthful he tin opportunity he wasn’t portion of it,” a characteristic says successful the book. “Under the law, that willful blindness makes him arsenic blameworthy arsenic if he did the onslaught himself.” The authorities insinuated Comey whitethorn person besides made his “86 47” station successful bid to tie much attraction to his novel, pointing to interviews pinch The Wall Street Journal and “The Late Show pinch Stephen Colbert” successful which Comey denied allegations of that nature. “That is simply a hellhole of a viral campaign,” Colbert told Comey successful a May 2025 interview.

Key Background

Comey posted a photograph connected Instagram showing the “86 47” ammunition statement successful May 2025, captioning it, “Cool ammunition statement connected my formation walk.” After the station sparked a nationalist outcry, Comey deleted it soon after, explaining successful a abstracted Instagram post that he “assumed” the seashells “were a governmental message,” but he “didn’t recognize immoderate folks associated those numbers pinch violence.” That “never occurred to maine but I reason unit of immoderate benignant truthful I took the station down,” Comey wrote. The DOJ past indicted Comey complete the station successful April—marking the 2nd clip he’d been indicted by the Trump administration, aft a first group of charges, for allegedly lying to Congress, were dismissed successful November. Comey served arsenic the FBI head erstwhile Trump first took agency successful 2017, earlier Trump fired him months later. The erstwhile FBI main has go an outspoken professional of the president since his firing, and has alleged the president improperly asked him for his “loyalty” during a backstage meal while he was still astatine the agency. Comey is 1 of a number of Trump foes who person travel nether scrutiny by the DOJ during Trump’s 2nd term, on pinch New York Attorney General Letitia James, Sen. Adam Schiff, D-Calif., erstwhile CIA head John Brennan, Minnesota Gov. Tim Walz and galore others.