Welcome to The Logoff: President Donald Trump’s campaign of political prosecutions against his enemies is struggling — and expanding.
What just happened? On Monday, a judge in the Eastern District of Virginia dismissed cases against former FBI Director James Comey and New York state Attorney General Letitia James after finding that the prosecutor who brought them, Lindsey Halligan, was illegally appointed as interim US attorney.
Separately, the Defense Department announced Monday it was opening an investigation into Democratic Sen. Mark Kelly, a retired Navy captain, for appearing in a recent video reminding US service members that they may refuse unlawful orders.
How big of a deal is the Halligan disqualification? Comey, who was charged with lying to Congress and obstructing a congressional proceeding, and James, who was charged with bank fraud, were both high on Trump’s enemies list; in September, he directly solicited their prosecutions from Attorney General Pam Bondi in a post to Truth Social, writing:
“What about Comey, Adam ‘Shifty’ Schiff, Leticia???…We can’t delay any longer, it’s killing our reputation and credibility.”
Monday’s dismissals are not automatically the end of either case, but they may well represent an insurmountable impediment; Trump previously struggled to find a lawyer willing to bring the indictments, which is how he ended up with Halligan.
What’s happening with Kelly? Unlike Comey and James, who were indicted on criminal charges, Kelly is potentially facing a court martial under the Uniform Code of Military Justice, which exists outside of the US criminal justice system. It’s unclear whether the investigation will proceed to that stage, but its mere announcement, on an incredibly flimsy pretext, is a significant step by the Trump administration.
What’s the big picture? The rule of law is largely holding — so far — against Trump’s efforts to direct political prosecutions. But the administration has lots of tools at its disposal to keep trying, and clearly means to.
