Ken White, a former US prosecutor and seasoned defense attorney has words:
On April 28, 2026, the United States Department of Justice indicted former FBI Director James Comey over a mildly sassy arrangement of seashells. The charge is preposterous and no competent or honest prosecutor would bring it. It represents a betrayal of the professional and ethical obligations of every U.S. Department of Justice attorney involved, and reflects the complete collapse of the Department’s credibility and independence in favor of a cultish and cretinous devotion to Donald Trump.….
No minimally rationally person could possibly conclude, seeing James Comey’s beachside dad joke, that he was expressing a sincere intent to harm the President. Nobody could look at it and conclude that Comey intended to convey that message. In evaluating whether a threat is “true,” the trier of fact must consider the context. Here the context is seashells. The context is the former Director of the FBI, a lifetime member of law enforcement, who is a well-known critic of the President and a target of the President’s wrath, using a campy mechanism to express opposition to the President, using slang for “ditch” or “eject” or “get rid of.” No rational person could see that and say “the former director of the FBI is saying he’s going to kill the President"!”
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As a lawyer commenting on the Trump administration’s legal arguments, I face a challenge: how do I convey to non-lawyers, or even lawyers in different fields, the shameless fatuity of some of the Trump Justice Department’s arguments? Words fail. This case is overtly, obviously, on its face, ridiculous and premised on a foolish and unconstitutional theory. I know it as confidently that those of you who work with numbers know that 2 + 2 = 5 is not a plausible argument. I know it as confidently that those of you in the arts know that “John Wayne Gacy is the most respected American painter” is wrong.
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I believe it is unlikely the indictment will survive. You can’t attack a federal indictment by arguing that the government doesn’t have enough evidence, but you can challenge defects that appear on its face. Comey’s attorneys will attack the indictment as invalid on its face — that is, argue that on the face of the indictment, seashells spelling out “86 47” are protected by the First Amendment, without need to assess the strength of evidence. Moreover, I expect Comey will repeat his motion for selective prosecution, previously brought in the now-dismissed false statements case in Virginia. The extreme weakness and facial ludicrousness of this indictment will strengthen that motion. The assigned judge was appointed by a Republican but is not a lunatic.
But that’s not the point, is it? The point of the indictment is to demonstrate that the United States Department of Justice is wholly an instrument of Donald Trump’s senescent pique, no more independent of him than a boil on his ass. The point is to show that the administration can, and will, use the Department’s mechanisms to punish enemies. The point is to show that the Department can, and will, punish protected speech. The point is to show that the Department is staffed by committed fanatics willing to do anything, however unethical and unconstitutional, to promote Trump.
The point is to show that in the war between Donald Trump and the U.S. Department of Justice, Trump has won. Now they’re on the field slitting the throats of the wounded and looting bodies.
Trump is a degenerate and destructive sociopath hell bent on destroying US Institutions and abolishing the rule of law. Trump’s Department of Justice has all the moral authority of a deranged mafia crew on a killing spree.