Bulwark Takes – Detailed Summary

Episode: BREAKING: Trump’s DOJ to Push Bogus Case Against Comey
Date: September 25, 2025
Host: Sarah Longwell
Guest: Ben Wittes (Lawfare)

Episode Overview

In this fast-response episode, Sarah Longwell and legal analyst Ben Wittes break down the breaking news that the Trump Department of Justice is reportedly moving to indict former FBI Director James Comey. They explore how this move is politically motivated, based on shaky legal grounds, and part of a larger pattern of retribution against perceived political enemies. The discussion is detailed, occasionally technical, and urgent, underscoring how the pace of authoritarian moves is accelerating.

Key Discussion Points

1. The Breaking News: Attempts to Indict James Comey

• Background:

  • MSNBC reports that an indictment of James Comey is forthcoming.
  • A new, unqualified U.S. attorney (Lindsey Halligan) has replaced the previous (Eric Siebert), who refused to prosecute bogus cases against Letitia James and James Comey.
  • Trump reportedly demanded immediate action after Siebert declined prosecution.

• Trump’s Motivations:

  • Comey’s testimony before Congress about the Russia investigation is being re-examined.
  • This effort is seen as rushed to beat the statute of limitations.

• Political Appointments:

  • The replacement of career prosecutors with Trump loyalists (in this case, a real estate lawyer with zero prosecutorial experience) is central to the episode’s thesis of “lawless” behavior.

2. The Allegations Against Comey

• Factual Basis:

  • The alleged lie dates back to Comey’s testimony five years ago (itself referencing events from nearly a decade prior).
  • The claim: Comey lied to Congress about not authorizing leaks regarding the Trump or Clinton investigations.
  • Evidence cited includes recycled right-wing claims and documents promoted by figures like Kash Patel and Chuck Grassley.

• Expert Dissection:

  • Wittes and his Lawfare colleague Anna Bauer have reviewed relevant testimony and documents and find no substantive basis for perjury.
  • Prior investigations under AG Bill Barr declined to pursue these “loser, loser cases.”
  • “They were closed under the last Trump administration.” (Ben Wittes, 12:42)

3. The Strange Legal Maneuvers

• Grand Jury Shopping:

  • DOJ is bringing the case in Richmond or Norfolk, VA, possibly to avoid more skeptical DC-area juries.
  • Ben Wittes notes that getting an indictment is easier in certain white-collar contexts if the jury only hears limited evidence.

• Procedural Gimmicks:

  • The timing is critical to beat legal deadlines.
  • Multiple legal theories ("stupid and complicated") are possibly being used, including references to the “Durham Annex” and obscure testimony exchanges.

4. The Political Motive: Retribution and Intimidation

• Why Comey?

  • Comey’s FBI actions led to the Mueller investigation, leaving Trump with a persistent legitimacy crisis.
  • Quote:
    • “Trump feels, I believe, a legitimacy crisis that has to do with Russia. And that has its roots in two Republican former FBI directors. One’s named Bob Mueller and one is named Jim Comey.” (Ben Wittes, 22:11)
    • Adds, half-jokingly: “The other reason I think is really pedestrian, which is that Comey’s taller than Trump and he’s kind of effortlessly masculine, and I think that just bothers the shit out of Trump.” (Ben Wittes, 23:00)

• Not About Guilt:

  • Rather than actual crimes, the goal is intimidation of political opponents.
  • Wittes: “This is about intimidating the person who’s watching this who wants to be politically involved and is afraid of spending eight years. This is about testimony that took place eight years ago, reiterated five years ago.” (Ben Wittes, 26:52)

5. The Broader Authoritarian Pattern

• Acceleration:

  • Longwell comments on how fast the pace has become, moving beyond creeping authoritarianism to outright abuses.

• Systemic Danger:

  • Wittes calls this among “the most dramatic” abuses of the criminal process seen since the beginning of the Trump administration, alongside Letitia James and Adam Schiff cases.
  • Quote:
    • “This is as dramatic an abuse of the criminal process as... by far the worst that we have seen since the beginning of the Trump administration.” (Ben Wittes, 18:13)
  • Emphasizes the need to invoke legal rights aggressively to repel such abuses.

6. The Takeaways: Don't Be Intimidated

• The Real Target:
  • “This is about intimidating Sarah Longwell. It’s about intimidating the person who’s watching this who wants to be politically involved and is afraid of spending eight years.” (Ben Wittes, 26:52)
  • It’s also about rewriting the narrative around the Russia investigation.
• Advice:
  • Don’t let this deter civic participation.
  • The substance of the cases is “horseshit” (Ben Wittes, 17:57) and won’t stand up legally.
  • “He’s going to be fine. And I don’t believe you could assemble a jury... They are not going to manage to make it stick.” (Ben Wittes, 25:41)

Notable Quotes and Memorable Moments

• On the quality of the case:
  “These are just loser, loser cases. They were declined by Bill Barr's Justice Department. They were closed under the last Trump administration. But one possibility is that they've reopened one or more of them….” (Ben Wittes, 12:42)

• On legal abuse:
  “This is outrageous behavior… for the President to reach down, having been recommended that there is no case, fire the relevant prosecutors, replace them with somebody who is completely unqualified…” (Ben Wittes, 17:22)

• On Trump’s animus toward Comey:
  “Trump feels, I believe, a legitimacy crisis that has to do with Russia. And that has its roots in two Republican former FBI directors… And that, I think, combination is toxic and really bothers Trump.” (Ben Wittes, 22:11)

• Ben Wittes on the pointlessness of the prosecution:
  “The idea that he lied to Congress is just, pardon me, horseshit.” (Ben Wittes, 17:57)

• On resisting intimidation:
  “The critical thing here is don’t be intimidated. Go out there and do the things you were going to do anyway.” (Ben Wittes, 26:58)

Key Timestamps

• [01:22] – Main content starts: Sarah Longwell introduces the breaking news and guest Ben Wittes
• [01:53] – Wittes explains the sequence of events, political interference, and selection of loyalist prosecutor
• [07:44] – Wittes details the flimsy basis for claims Comey lied under oath
• [09:30–10:33] – Illustrative testimony details; the “anonymous source” question and Comey’s answers
• [12:42] – Wittes outlines why legal claims are bogus and why prior DOJ declined them
• [16:07–16:08] – “Durham Annex” confusion highlighted
• [17:22–18:13] – Wittes calls this among the most serious abuses of DOJ power
• [19:33–23:52] – Why Trump specifically targets Comey
• [25:17] – Wittes reassures about legal defenses and underscores focus on intimidation, not legal merit
• [26:52] – Wittes urges listeners not to be cowed by these intimidation tactics
• [28:20] – Wrap-up and Ben Wittes directs listeners to Lawfare for more detail

Conclusion

This rapid-reaction episode delivers an urgent dissection of the latest attempted political prosecution under Trump’s Justice Department. Ben Wittes and Sarah Longwell lay bare the vapid legal grounds and the transparent political motives, while encouraging listeners not to be intimidated by abuse of the legal system. The episode delivers a mix of expert legal analysis, clear moral outrage, and pointed advice for anyone concerned by the escalation of authoritarian tactics.