This is not justice

Dear Readers, James Comey was indicted for two of three counts of lying and obstruction of Congress, days before the statute of limitations ran out on the charges. This is a blaring sign that our country’s justice system teeters on a yawning abyss.

From a political perspective, James Comey is no friend of the left. He is a creature of mainstream Republican politics, appointed in 2013 by President Obama as FBI Director due to his “fierce independence and deep integrity.” At the beginning of his second term, this was a signal of bipartisanship.  He, or at least Hillary Clinton, came to rue that decision.

To recap what happened during the 2016 Presidential Election, Donald Trump focused on Hillary Clinton’s infamous emails and decision as Secretary of State to have them housed on a private server.  This is something Collin Powell did, her predecessor.  Bad idea; the optics were horrible.

Over the summer, James Comey, in violation of Department of Justice policy, announced that no criminal violations were found. In doing so, he lambasted her for having a private server.  Arguably valid criticism, but DOJ officials, certainly not anyone associated with the FBI, do not comment on individuals cleared of criminal conduct.  And, doubly certain, not so close to an election.

This was the first shot at Clinton’s campaign, although it did not go far enough for those in Donald Trump’s orbit.

At the tail-end of the election, Anthony Weiner’s laptop ended up in the hands of the FBI during an investigation into an underage sexual relationship. On it were emails involving Secretary Clinton (Huma Abedin was his then-wife, her chief of staff).

James Comey announced 11 days before Election Day that he was reopening the Clinton email investigation.  There was no need to do so; he may have been pressured by whispers circulating amongst field agents and feared the whispers would be made public.  Days later, he closed the investigation, as the emails were duplicates that had already been reviewed.

This was the second shot at Clinton’s campaign and, being on the eve of the election, may have influenced the result.  This is exactly why the DOJ does not become involved in any type of legal activity so close to Election Day. It can never be proven, but James Comey may have been the single person most responsible for President Trump’s first Electoral College victory. Our Justice system should not be subject to the whims of political winds.

Comey’s term as FBI director was for 10 years.  Having been confirmed in 2013, he should have remained in place until 2023 or into Joe Biden’s Presidency.  The reason the term is so long is to remove politics from the position. However, Comey resigned shortly after President Trump’s term started, because he refused to drop charges against Michael Flynn.  This drew the President’s ire for being disloyal and forever landed him on his “revenge” list.

President Trump ordered Comey indicted. When the US Attorney for the Eastern District of Virginia, Erik Siebert, appointed by President Trump, investigated, he found no criminal violations. Mr. Siebert resigned under pressure; President Trump appointed Lindsey Halligan (one of his former personal attorneys) as temporary US attorney for the expressed purpose of indicting James Comey.

Ms. Halligan has zero prosecutorial experience, usually a prerequisite for her new position.  She was able to secure the indictment ordered by the President, albeit the Grand Jury refused to indict one of the proposed charges. It was almost unheard of that a “line” prosecutor had not co-signed on the indictment, just Ms. Halligan.

This brings us to the dire state of justice in this country. Learning of the indictment he wanted, President Trump posted, “JUSTICE IN AMERICA! One of the worst human beings this Country has ever been exposed to is James Comey, the former Corrupt Head of the FBI.”  

President Trump shut down the Tom Homan bribery investigation, which involved allegations of $50,000.00 in bribes from the FBI in exchange for promises of favorable contracting treatment. Bribery has no place in government.

A President successfully directed a private person’s criminal indictment by installing a personal attorney to do his bidding, when a career prosecutor he elevated to US Attorney would not. This is not independent justice; this is one-person justice.

We cannot have any President acting like the justice system is a personal plaything; we are not a “Banana Republic.” Justice is about right or wrong, not who is in power. Even if you believe the other side did this, it does not validate doing the same.

Warner Robins attorney Jim Rockefeller is the former Chief Assistant District Attorney for Houston County, and a former Assistant State Attorney in Miami.  Owner of Rockefeller Law Center, Jim has been in private practice since 2000.  E-mail your comments or confidential legal questions to ajr@rockefellerlawcenter.com.