Why we should care about James Comey

I don’t know James Comey, but I don’t like him. When Comey was running the FBI, he often came off as smug, even arrogant, all while trying to exude what seemed to be a false sense of humility. Comey’s ‘Aw shucks, I’m just a public servant’ persona never quite rang true. However, his personality quirks are not the primary reason for my disdain.

Much more importantly, James Comey influenced the outcome of the 2016 presidential election in an unprecedented — and possibly illegal — manner. He did so by announcing two investigations regarding then-candidate Hillary Clinton’s email messages on her private server. Comey and his colleagues ultimately cleared Clinton in both cases.

Still, polls showed that the process had a negative impact on her campaign, given that they took place very shortly before the election. Clinton’s loss set in motion a series of events from which it will take our nation years, if not decades, to recover.

Making the investigations public not only went against longstanding FBI/DOJ policy; it was also a possible violation of the Hatch Act, which is designed to prevent executive branch employees from interfering in political campaigns. In his 2018 book, “A Higher Loyalty,” Comey admits that his decision to publicly disclose the investigations was due to him being “unconsciously influenced” by his belief that Clinton was likely to be the next president. 

Some have derisively referred to Comey’s actions as an “October Surprise” that was premeditated to hurt Clinton. I have doubts about such intentionality, which would be irrelevant even if it were true. History is what it is.

Fast forward to 2025 and Comey finds himself smack in the middle of President Donald Trump’s crosshairs. This is because Trump has never forgiven Comey for (1) rebuffing his “loyalty pledge” during his first term and (2) his role in investigating whether Russia interfered in the 2016 election to bolster Trump’s chances of winning.

Despite my distaste for Comey, there is no schadenfreude on my part. In this instance, the enemy of my enemy is not my friend. My strong feelings do not blind me to the fact that a sitting president of the United States is actively making good on his promise to punish those whom he perceives to be his political enemies. James Comey is near the top of that list.

Justice Department lawyers are sworn to prosecute cases based upon “the facts and the law.” Further, they are to do so “without fear or favor.” Comey’s indictment is indicative of a total disregard for how our system of justice is supposed to operate.

It is very difficult to overstate how dangerous this situation is. We are supposed to be a nation of laws; instead, we have become a nation of the president’s whims. His irrational, capricious and vindictive instincts are prevailing over integrity and even justice itself.

I will offer my unqualified legal opinion as someone who is not a lawyer. I believe that Mr. Comey will be vindicated of these Trumped-up charges. But that’s not the point. Comey will have to expend substantial financial resources to defend himself against charges that should never have been brought. Then there is the mental and emotional anguish — for him and his family — of having to fight a legal battle.

In the end, this isn’t really about James Comey. This is about what kind of nation we want to be. The Justice Department was created to prosecute the guilty, not to persecute the innocent. This behavior can only stand if Americans stand by.

Larry Smith is a political columnist for the Indianapolis Recorder.