Fresh Air Implications Of The DOJ Targeting The President’s Critics
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Oct 1, 2025 
Barbara McQuade, a former U.S. attorney and current professor at the University of Michigan Law School, dives into the implications of the DOJ's actions against political figures like James Comey. She discusses how these moves threaten the integrity of the rule of law and the norms prohibiting partisan prosecutions. McQuade critiques the Comey indictment process and highlights the risks of politicizing legal actions. With insights on the fallout from Trump's tactics on DOJ operations, she underscores the importance of maintaining prosecutorial independence.
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Process Failures Undermine High-Profile Indictment
- The Comey indictment shows alarming process issues: loyalists replacing career prosecutors and a political appointee handling grand jury presentation alone.
- Those deviations raise doubts about the case's competence and motive.
A Misstated Question Creates Legal Confusion
- The indictment hinges on a Senator Cruz misstatement that clouds whether Comey lied about the 'Clinton investigation' or 'Clinton administration.'
- Such confusion risks a fatal variance problem at trial.
Variance Risks Could Doom The Indictment
- A variance occurs when the charged crime differs from the crime proved, which can invalidate an indictment.
- The Comey case may face this because the alleged false statements could refer to different Clinton matters.
