Bloomberg Law Weekend Law: Comey Indicted, Wind Farms & Hate Speech
Sep 27, 2025
Robert Mintz, a former federal prosecutor, analyzes the unprecedented indictment of James Comey, discussing its rarity and political implications. Pat Parenteau, an environmental law expert, shares insights on a federal judge's ruling permitting a Rhode Island wind farm to proceed, despite prior government halts, and highlights broader attacks on renewable energy. Timothy Zick, a First Amendment scholar, delves into the complexities of free speech, explaining why hate speech is generally protected under U.S. law and the challenges surrounding its definition.
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Indictment Breaks DOJ Norms
- The Comey indictment is historically significant as the first against a former FBI director and raises separation-of-powers concerns.
- Robert Mintz says White House pressure challenged long-standing DOJ independence norms and affected optics of the prosecution.
What The Indictment Alleges
- The charges allege Comey knowingly lied about authorizing an anonymous FBI source and obstructing Congress.
- The indictment is short and focuses on testimony from a 2017 Senate hearing tied to Senator Ted Cruz's questions.
Why False-Statement Cases Are Rare
- Proving false-statement crimes requires showing the defendant knowingly lied and that the lie was material.
- Mintz notes these cases are rare because prosecutors must effectively get inside the defendant's mind beyond reasonable doubt.