The Department of Justice is arguing that it is not independent from President Trump even as it tries to claim that the prosecution of former FBI Director James Comey isn’t vindictive.
In a court filing Tuesday, federal prosecutors argued that “The Chief Executive directing his subordinates to exercise core Executive functions is a feature, not a bug, of our constitutional system,” claiming that the idea that the DOJ is independent from the president is “antithetical to the constitutional separation of powers,” and, “as a matter of historical analysis, it is a myth.”
At the same time, the DOJ tried to argue that the charging prosecutor in the case against Comey, U.S. Attorney Ellis Boyle, acted independently from Trump without any pressure from his superiors.
“No one ordered or even suggested that Boyle pursue the ongoing investigation or seek an indictment,” the filing said, contending that Attorney General Todd Blanche didn’t discuss the case with Boyle until the day before the trial.
Comey is trying to have the case dismissed, filing a motion on the grounds that Trump was deeply involved in the case, pointing to Trump’s Truth Social post directing former Attorney General Pam Bondi to go after him as proof. Trump also requested that Secret Service agents questioning the former FBI director send their notes to him to review.
Comey is facing federal charges because the government is trying to argue that his 2025 social media post of seashell art reading “86 47” constituted a threat of violence against the president. Comey asserts that his indictment “effectuates a yearslong campaign by the President to use the criminal process to punish Mr. Comey for his protected speech and because of the President’s deep-seated animosity.”
The DOJ’s own actions seem to back up the claim that Trump is only trying to get revenge on Comey for trying to stay independent during his FBI tenure, instead of pledging unconditional loyalty to the president.
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