10/02/2025 James Comey Is Not an Innocent
Victim of the Lawfare He Helped to Create William L. Anderson
The recent
indictment of James Comey has galvanized the usual suspects of the
Washington establishment, who have reacted predictably to the criminal
charges against one of their own. The New York Times
editorialized with the headline, “The Comey Indictment Plunges the
Country Into a Grave New Period,” declaring:
The events of the past week in Virginia mark a dark new stage in
President Trump’s effort to turn federal law enforcement into a personal
tool of oppression and vengeance. He is undermining a core promise of the
American justice system: the fair and equal enforcement of the
law.
Times columnist David
Frenchwho still insists that the Iraq war was
justified and honorable and remains a true believer that the
“Russiagate”
investigations were legitimatewrote:
There are times when I miss practicing law, because right now
there are few more important posts for defending the rule of law and the
integrity of the American system of justice than on James Comey’s defense
team.
Let’s be clear perfectly clear about what happened last week. On
Thursday, a federal grand jury, acting on the urging of President Trump’s
Department of Justice,
indicted Comey, the former director of the F.B.I. This indictment was
the culmination of a transparently vindictive campaign by Trump to get
revenge on his political enemies, no matter the facts or the
law.
In other words, French is claiming that what Trump and the DOJ are
doing is unprecedented in US history. Now, make no mistake about the
troublesome nature of this indictment and how the White House
orchestrated the events. Former federal prosecutor Andy McCarthy, who is
no fan of Comey and was a strong critic of the “Russiagate”
investigation, has
called the indictment “incoherent” and predicts that the charges
could well be dismissed long before the case could go to trial.
Yet, the Comey indictment is ironic in that while the legacy media
condemns the indictment against him, it heaped praise on him when he
pursued highly questionable criminal charges against others and used the
justice system as a weapon against innocent people. For example, his case
against investment banker Frank Quattrone was built on lies and false
accusations, something that Candice E. Jackson and I
wrote
about on the Mises Wire more than 20 years ago.
In that case, Comey (who was the US attorney in Manhattan) claimed that
Quattrone orchestrated a “coverup” of financial crimes by telling his
subordinates to “clean up their files” in anticipation of a federal
investigation. (Quattrone’s subordinates did not destroy any files, nor
did the federal investigators find evidence of any financial crimes.) As
Quattrone bitterly posted on Facebook recently in a post to his
friends:
…Comey wrongfully indicted me for obstruction of justice and lied to
the media on live TV that I had instructed my team to destroy documents
that I knew needed to be saved due to a subpoena. None of that was true
but it took me two trials and a successful appeal spanning almost five
years in order to clear my name. This abuse of prosecutorial power
wreaked havoc on my family, career and reputation.
The charges against Quattrone finally were
dismissed in 2007. Comey’s most famous prosecutorial
target, Martha Stewart, was not so lucky. A Manhattan federal jury
convicted her in a verdict Candice Jackson and I
argued that was based on her being “wealthy beyond a reasonable
doubt.” That one of the jurors
lied (read that, broke the law) to get onto the jury so he could vote
for a conviction apparently was just fine in Comey World, since the feds
and the editorial board of the New York Times got the judgment they
wanted.
It was no surprise that Comey could get convictions on questionable cases
from Manhattan juries, something Donald Trump would find out years later.
As Daniel Fischel pointed out in
Payback: The Conspiracy to Destroy Michael Milken and His Financial
Revolution, the US attorney’s office in Manhattan often would make
appeals regarding the wealth or position of the defendant, turning what
might seem to be an advantage (money, power) into a huge disadvantage, as
jurors were encouraged to focus upon who was on trial as opposed to the
actual evidence presented by the prosecution.
Furthermore, Comey had the advantage of trying defendants before jurors
that would be heavily influenced by the coverage of the case given by the
New York Times. As we have seen over the past century, ideology has
trumped the truth when the NYT is on the story.
The Regime’s Double Standard on Law – And Why It Matters As I wrote earlier, the Comey indictment is
troubling, given Trump’s previous statements and the obvious fact
that he all-but-ordered the US Department of Justice to secure an
indictment no matter what. In fact, as Andrew McCarthy has
written, this point alone probably is Comey’s best defense, and I
believe that in the end, no jury will convict Comeyif the case even goes
to trial. It may be easy to twist the malleable federal criminal statutes
-- which is why the DOJ was able to fashion an indictment against Comey
-- but even a federal jury is likely to see this case as a bridge too
far.
The irony here, however, is that people like French and his employer have
recalled Lavrentiy Beria’s infamous boast, “Show me the man and I’ll show
you the crime” as though it only applies to what Trump has done. Yet, if
any publication has proven that the spirit of Beria lives in American
“justice,” it is the New York Times.
During the 1980s, it was the NYT that championed Rudy Giuliani’s
predatory Wall Street prosecutions, conducted while he held the US
Attorney position that Comey would later hold in New York City. Paul
Craig
Roberts and Daniel Fischel have
documented how Giuliani and his underlings engaged in lawless
behavior, committing felony after felony by leaking secret federal grand
jury testimony to the NYT and the Wall Street Journal. Not surprisingly,
the NYT editorial board never objected to any of Giuliani’s law breaking
even though it was done expressly to deny the accused fair trials. In
fact, his very abuse of the law inspired the NYT to
publish a near-puff piece as the guy who gets things done.
Likewise, Comey was well-known for
leaking material to the media in violation of the lawa law he knew
would never be applied to him or his fawning admirers at the NYT and
other New York publications. Had a defense attorney done what he did, the
attorney would have faced disbarment; Comey only faced high praise from
an adoring media.
There is no bigger defender of what we might call the Regime than the New
York Times, and its support for legal double standards have not been
limited to its aiding and abetting the crimes of Giuliani and Comey
during their terms as US attorneys in Manhattan. This is the newspaper
that championed the Stalinist propaganda of its correspondent, Walter
Duranty, repeating his lies about the Ukraine famine of the early 1930s
and the Moscow Show Trials later that decade.
The low, ideologically-based standards of journalism at the NYT continued
with the newspaper’s coverage of the 1975 financial
crisis that gripped New York City. Even though the city’s financial
managers committed felonies by selling capital bonds under fraudulent
pretenses by using the proceeds to pay off previous bond issues instead
of using the funds for capital improvements, the NYT demanded that the
federal government bail out the city at all costs by purchasing future
NYC bond issues. In other words, financial crimes were turned into wise
financial stewardship because the acts were done by Democratic
politicians. The law never applies to anyone favored by the NYT editorial
board.
Fast forwarding to the first Trump presidency and Comey’s “Crossfire
Hurricane” investigation based upon a fake document created by the
Hillary Clinton campaign. Despite the fact that the accusation was
false on its face, the NYT and the Washington establishment
treated it as a serious investigation that had credibility. Given
Comey’s role in promoting this witch hunt, one should not be surprised
that he and Trump were on a collision course.
The same people who attack Trump for going after Comey had no problem
when Leticia James and Alvin Bragg based their campaigns for attorney
general of New York State and district attorney of Manhattan,
respectively, on a Beria-like theme: vote for us and we will target
Donald Trump. David French never objected nor did the NYT editorial
board. The very kind of behavior they would condemn for Trump was
perfectly acceptable for a New York Democrat.
According to David French, such tactics are bad only if Trump does
them:
“Show me the man, and I’ll show you the crime.” Those infamous words
are the hallmarks of a corrupt state. Trump is now openly mimicking the
dictators he admires so much. He has shown Pam Bondi the man, and Bondi’s
Department of Justice has manufactured the crime.
When Bragg first filed questionable charges against Trump, even
French
questioned their veracity, although he never went as far as to invoke
the obvious Beria “standard” Bragg was promoting. Of course, when a
Manhattan jury followed the example of previous juries in that borough a
year later, the NYT rejoiced with its
editorial, “Donald Trump, Felon.” If a Northern Virginia jury were to
convict Comey (which I doubt will happen, given the political leanings of
most voters in that area), one doubts that the NYT would run a similar
headline featuring the name of James Comey.
Conclusion Ever since Donald Trump was elected in 2016, he has battled not only
with the Washington establishment but also with unelected officials in
the government, something Connor O’Keeffe
noted in his recent article. The clash between Trump and the
sanctimonious Comey became inevitable as Comey first attempted to
find a way to indict Trump and Trump paying him back.
Contrary to what David French, the NYT, and the usual suspects are
claiming, we are seeing the culmination of lawfare that has been going on
in this country for many years. Rudy Giuliani and James Comey built their
careers on abusive prosecutions and using the power of their offices to
skirt the law, and Alvin Bragg and Leticia James have extended that
practice to the state level.
None of this needed to happen, but here we are. Two years ago, this page
warned that by trying to imprison Donald Trump, Democrats were
creating the conditions for a Third World banana republic. We are now
there, and it won’t stop with the Comey indictment. Yes, one can lay
blame with Trump, but Comey also has played a role in breaking down the
guardrails to justice, and now all of us must pay.