The Briefing with Jen Psaki Why indicting James Comey may come back to bite Trump
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Sep 26, 2025 
Andrew Weissmann, a former top federal prosecutor, discusses the procedural flaws in James Comey's indictment and potential repercussions for Trump. Senator Tim Kaine highlights weaknesses in the case, suggesting it might be politically motivated and lacking solid evidence. Representative Jamie Raskin analyzes the constitutional implications, condemning the politicization of the DOJ and predicting judicial resistance against the indictment. The trio explores Trump's motives behind these legal maneuvers, raising concerns about the erosion of legal norms.
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Timing Underscores Political Motivation
- The indictment of James Comey was filed just before a five-year statute of limitations deadline tied to his 2020 testimony.
- That timing suggests political urgency drove the rush to indict rather than new evidence gathering.
Career Prosecutors Said 'No' First
- Career prosecutors in the Eastern District of Virginia previously concluded there was insufficient evidence to indict Comey.
- Trump then replaced that U.S. attorney with a loyalist who moved the case forward.
New Interim U.S. Attorney's Background
- Lindsey Halligan was sworn in as interim U.S. attorney days before the indictment and lacks prosecutorial experience.
- Her appointment followed the forced resignation of a prosecutor who declined politically driven charges.