Comey urges DOJ to base decisions on facts, law, not politics

James Comey used a new warning to frame a fight that has become as much about institutional trust as about his own legal exposure. He said the Justice Department “needs to be the guardian” of justice and should make decisions “just based on facts and law,” “without regard to race or wealth or politics.” He added that the department cannot uphold the rule of law while focusing on people who criticize Donald Trump, arguing that the administration’s pursuit of him is meant to silence criticism and send a message to others.

The warning landed while Comey faces a fresh federal case. On April 28, 2026, a grand jury in the Eastern District of North Carolina indicted him again, this time over a May 15, 2025 Instagram post that showed seashells arranged to spell “8647.” The Justice Department said the post could reasonably be read as a threat against Trump. Comey has said it was not a threat, and has argued that “86” is commonly used to mean remove or get rid of something.

That indictment came after Comey’s earlier legal battle collapsed on procedural grounds. In September 2025, he was indicted on false-statement and obstruction charges tied to his 2020 testimony before the Senate Judiciary Committee. He pleaded not guilty, but a federal judge dismissed the case in November 2025 after ruling that the prosecutor had been unlawfully appointed. Court records also showed the case had been troubled from the start. A magistrate judge described “a disturbing pattern of profound investigative missteps” in the grand jury process, and in a separate hearing the Justice Department admitted that not every grand juror saw the final version of the indictment.

Comey’s lawyers have argued that the prosecution is selective and vindictive, and a judge is already weighing that claim in the earlier case. The broader backdrop is a Trump administration campaign against perceived political enemies, including actions involving New York Attorney General Letitia James, Sen. Adam Schiff, former CIA Director John Brennan and Sen. Mark Kelly. Comey has cited those moves as proof that the Justice Department should not target people because Trump dislikes what they say.

The Justice Department has defended the new indictment. Acting Attorney General Todd Blanche said threatening the president is a grave violation of law, and FBI Director Kash Patel said investigators followed the facts. That clash leaves Comey in a familiar position, arguing for neutral law enforcement while critics point to his own long and contested history in politically explosive cases.