The Lawfare Podcast Lawfare Daily: The Justice Department as a Political Weapon
Sep 30, 2025
In this engaging discussion, Bob Bauer, Professor of Practice at NYU and former senior Justice Department official, dives into the politicization of the DOJ under the Trump administration. He analyzes the recent indictment of James Comey, shedding light on prosecutorial norms and the potential implications of vindictive prosecution. The conversation touches on the need for reforms to restore the Department's integrity, explores the political motives behind legal actions, and compares this unique misuse of power to past scandals, emphasizing the importance of accountability.
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Indictment Built On Thin, Confusing Record
- The Comey indictment rests on thin factual grounding and ambiguous transcript citations that confused reporters and listeners.
- Journalists shifted from an initial McCabe theory to a more likely Dan Richman-related basis after reporting and re-interviews emerged.
Chaotic Grand Jury Courtroom Appearance
- The grand jury/indictment courtroom transcript revealed clear signs of prosecutorial inexperience and procedural confusion.
- Lindsey Halligan, Trump's former personal attorney, appeared visibly out of her depth during the court presentation.
Vengeance Over Legal Merit
- The administration appears indifferent to legal merit when pursuing politically motivated prosecutions, treating them as acts of vengeance.
- That indifference raises the risk of repeated, embarrassing prosecutorial attempts unless checked by decisive legal rebukes.