The Justice Department Won't Break Easily

"Presumably, Comey will plead not guilty since he's already made a video saying, "I'm innocent." Lindsey Halligan, the prosecutor President Donald Trump hastily appointed to carry out this mission, will probably be a little more prepared than she was at Comey's indictment, when she initially went to the wrong courtroom and then seemed confused about paperwork. But that won't make up for the fact that the case is, as many legal experts have said, flimsy and exceptionally weak."

"The same day Comey was indicted, Trump issued a presidential memorandum directing federal law-enforcement agencies to "question and interrogate ... individuals engaged in political violence or lawlessness." White House adviser Stephen Miller has already accused California Governor Gavin Newsom of inciting "violence and terrorism," so it seems likely this administration will define these terms broadly. How much can a president, intent on revenge, bend the Justice Department to his will? And what forces are proving resilient against that?"

"In this episode, we talk to the Atlantic staff writer Quinta Jurecic, who covers legal issues, and Benjamin Wittes, editor in chief of Lawfare, a nonprofit legal publication. We talk about who the Trump administration might target next, what legal strategies might work, and where the judicial system contains some surprising sources of resistance, such as grand juries. We also talk about comparisons to the Red Scare, another time in history w"

James Comey faces arraignment on October 9 on charges of making a false statement to Congress and obstructing a congressional proceeding. Comey is likely to plead not guilty and possesses legal resources, experience, and public claims of innocence. The prosecutor appointed by President Trump showed confusion at the indictment, and many legal experts characterize the case as flimsy. The same day, a presidential memorandum instructed law-enforcement to question individuals allegedly involved in political violence, with advisers signaling broad definitions. Concerns exist about politicizing the Justice Department, while institutional mechanisms like grand juries provide potential resistance and safeguards.

Read at The Atlantic