Breaking History: "James Comey: The Case That Could Break America"
Podcast: Breaking History (The Free Press)
Date: October 1, 2025
Episode Overview
This episode tackles the dramatic and controversial indictment of former FBI Director James Comey by a grand jury in Virginia—an event that has polarized America. Using Comey's tumultuous rise and fall as a springboard, the show traces the evolution of the modern “weaponized justice” cycle, linking history, politics, and the current state of American institutions. Through narration, guest commentary (notably from Andy McCarthy), archival audio, and quotes from Comey’s memoirs, listeners are challenged to reflect on the blurred lines between justice and vengeance and what it means for the future of the republic.
Key Themes & Discussion Points
1. The Indictment of Comey—Context and Reactions
- Polarization and Narrative Battle:
- For Trump's supporters, Comey is "a dirty cop whose past has caught up with him." For critics, this is "selective prosecution" and an assault on the rule of law.
- [01:16] Narrator: “For the Americans that loathe Donald Trump, it's Constitution RIP—this is selective prosecution.”
- Legal Strength of the Case:
- Consensus among experts (like Andy McCarthy) that the case against Comey is weak and politically charged.
- [01:45] Andy McCarthy: “It's ridiculous.”
- The Narrative Split:
- [01:47] Narrator: “Our national split screen couldn't be more dissident.”
2. Comey's Controversial Legacy at the FBI
- 2016 Election Interventions:
- Clinton Email Investigation:
- Comey announced the probe’s findings himself, breaking norms.
- [04:03] James Comey: “Although there is evidence of potential violations... our judgement is that no reasonable prosecutor would bring such a case.”
- Reopening Weeks Before Election:
- Investigation was re-opened when new emails surfaced, harming Clinton’s prospects.
- [04:25] Narrator: “That intervention harmed Hillary Clinton. Many believe it cost her the election.”
- Clinton Email Investigation:
- Actions Toward Trump:
- Launching and Maintaining Russia Investigation:
- Comey publicly confirmed the FBI was investigating the Trump campaign, stirring political turmoil.
- [05:10] James Comey: “The FBI ... is investigating the Russian government's efforts to interfere in the 2016 presidential election ... and whether there was any coordination between the campaign and Russia's efforts.”
- The Steele Dossier and Surveillance:
- The FBI relied on flawed opposition research for surveillance warrants, did not brief Trump’s campaign despite weak evidence.
- [36:15] Durham Report (cited): “The FBI opened and investigated Crossfire Hurricane ... a noticeable departure from how it approached prior matters involving the Clinton campaign.”
- Launching and Maintaining Russia Investigation:
3. Pattern of Double Standards and Process Failures
- Different Treatment for Clinton vs. Trump:
- Narrator: "Intrusive techniques like... surveillance warrant[s]... were prohibited in the Clinton investigations. For Trump, the FBI offered no defensive briefings. It sent undercover agents to surreptitiously record Trump campaign staffers."
- Leaking and Media Manipulation:
- Comey leaked notes of his meetings with Trump through an intermediary, contributing to public narrative shaping.
- Narrator: “When the FBI director is a leaker, it’s dangerous.”
- Flawed Internal Processes:
- Comey later admitted procedural failures led to damaging errors.
- [38:59] James Comey: “I was overconfident in the procedures ... There was real sloppiness... It was not acceptable.”
4. Personal Myth and Motivations—Comey's Self-Portrayal
- Memoir 'Humble Confessions':
- Comey positions himself as a flawed but righteous man, offering minor admissions of guilt while glossing over major errors—deploying what the podcast calls the “humble confession.”
- [13:36] James Comey (from memoir): “This was a seemingly small and inconsequential lie... but it ate at me.”
- Origin Story and Pursuit of Justice:
- Trauma from a near-death home intrusion as a teenager shaped his sense of morality and drive.
- [16:15] James Comey: “Believing, knowing in my mind that I was going to die and then surviving made life seem like a precious, delicate miracle.”
5. Institutional Collapse and Historical Precedents
- Comparison to Mafia Wars:
- Comey’s early career paralleled federal victory over the Mafia—once a source of collegial pride and institutional renewal.
- [18:05] Andy McCarthy: “We had cases on all five of the New York Mafia families... And it was all successful.”
- Shift to Modern Dysfunction:
- The pursuit of the “higher loyalty” that once served justice becomes a justification for circumventing process and the law.
- The cycle has degenerated into prosecutorial tit-for-tat.
6. The Case Itself: Statutes, Testimony, and Weakness
- Alleged Perjury and the McCabe Leak:
- Comey is accused of lying to the Senate about authorizing leaks.
- The actual events and testimony are ambiguous, undermining the basis for prosecution.
- [08:06] Andy McCarthy: “The flaw in the case... even Andrew McCabe agrees that Comey never authorized him to do the leak.”
- Political Motives and Cycle of Retaliation:
- The politicization of justice sets dangerous precedents and threatens the principle of peaceful transitions.
7. Weaponized Justice—Consequences for the Republic
- Retaliatory Prosecutions Normalize Banana Republic Tactics:
- Narrator: “Sham investigations, politicized prosecutions, weaponized justice? Repeat this cycle... and the America we know today will cease to exist.”
- Martyrdom for Comey:
- [47:51] James Comey: “We will not live on our knees... fear is the tool of a tyrant... But I’m over here, and I hope you’re not either.”
- Bipartisan Hypocrisy:
- Both sides condemned weaponization only when their allies are targeted.
- Future Implications:
- Each new administration now faces incentives to weaponize justice against defeated opponents, eroding faith in rule of law.
Notable Quotes & Memorable Moments
-
On Selective Prosecution:
- [01:16] Narrator: “For the Americans that loathe Donald Trump, it’s Constitution RIP—this is selective prosecution.”
-
On Loving the Attention:
- [01:28] James Comey (joking): “Now I get to go back on TV.”
- [01:30] Narrator: “I think he loves it. I think he’s soaking it up.”
-
On FBI Independence:
- [28:00] James Comey: “The FBI should be independent and totally divorced from politics, which was what the 10 year term for a director was designed to ensure.”
- [28:35] Narrator (sarcastic): “Famous last words.”
-
On Career-shaping Trauma:
- [16:15] James Comey: “Believing, knowing in my mind that I was going to die and then surviving made life seem like a precious, delicate miracle.”
-
On Leaks and Accountability:
- [39:22] Narrator: “When the FBI director is a leaker, it’s dangerous.”
-
On the Erosion of Trust:
- [47:09] Narrator: “You know, Comey turned that phone call into a political time bomb, and it exploded in Trump’s face and destroyed Flynn.”
-
On New Political Norms:
- [48:17] Narrator: “Presidents will now have a powerful incentive to never acknowledge a lost election, because after they leave office, their successor will turn the Justice Department and FBI loose on them.”
Timestamps of Important Segments
- 00:05–01:45: Introduction & media reactions to Comey’s indictment
- 03:09–05:10: Comey’s intervention in the Trump White House—Flynn and “entrapment”
- 07:38–10:52: The McCabe leak case and alleged Comey perjury
- 12:46–17:05: Comey’s upbringing, traumatic experience, and “moral” origin story
- 18:05–20:31: Mafia prosecutions—Comey’s early career and contrasts
- 29:16–31:07: 2016 Clinton probe, the “matter” debate, and pressures on Comey
- 32:05–34:42: Clinton Foundation allegations and FBI’s contrasting approaches to Trump/Clinton
- 36:15–39:22: The Crossfire Hurricane scandal, Steele dossier issues, and FISA warrant process admitted failures
- 43:32–45:37: Michael Flynn’s case—selective prosecution and political impact
- 47:51–48:17: Comey’s statement on martyrdom, the cycle of vengeance, and worrying future for American institutions
Conclusion
This episode traces how the collapse of institutional process—exemplified by James Comey’s career, his decisions in 2016, and his current prosecution—underscores the dangerous transformation of justice into a partisan weapon. The hosts and guests repeatedly warn that this “new normal” could spell the end of America's republican norms. Despite Comey’s flaws and failings, his prosecution is characterized as less an act of justice and more a perpetuation of a cycle of vengeance that threatens the rule of law. In the end, Comey is cast not as a hero or villain, but as a symbol of both the hubris and the peril of these hyper-politicized times.