DOJ Argues It’s Fine If Trump Asked Agency To Prosecute James Comey

BreakingBusinessDOJ Argues It’s Fine If Trump Asked Agency To Prosecute James ComeyByAlison Durkee,Forbes Staff. Alison is a senior news reporter covering US politics and legal news.Follow AuthorAug 19, 2026, 11:47am EDTToplineThe Trump administration opposed former FBI Director James Comey’s effort to throw out the criminal charges against him in a series of filings Tuesday, arguing the Justice Department didn’t prosecute Comey just because he’s long opposed President Donald Trump—but it would be fine for the president to ask it to.The Justice Department has pointed to James Comey's May 20, 2025, appearance on "The Late Show with Stephen Colbert" to help justify his indictment.CBS via Getty ImagesKey FactsThe Justice Department responded Tuesday to Comey’s motion asking the court to dismiss the charges against him, which argues he did not make a “true threat” against the president’s life and is being “selectively prosecuted” due to his longtime criticism against Trump.The DOJ indicted Comey over a now-deleted Instagram post showing shells spelling out “86 47”—a phrase that means “get rid of” but can also refer to killing someone—which the government argues constituted a “true threat” against Trump’s life, an allegation that Comey firmly denies.In court filings Tuesday, the DOJ argued the issue of whether Comey meant to threaten Trump should ultimately be left up to a jury to decide at trial, and denied Comey’s allegation that the prosecution was vindictive—claiming there’s no evidence the prosecutor who brought the charges or anyone at DOJ was at all biased against him, and it doesn’t matter if Trump was.After Comey pointed to Trump’s September social media post urging former Attorney General Pam Bondi to go after the former FBI chief and other Trump critics, the DOJ argued Wednesday there was no indication the charges were brought because of pressure from the president—and, even if they were, that wouldn’t be an issue.The president “directing his su...