Letters from an American: November 24, 2025

Host: Heather Cox Richardson
Date Published: November 26, 2025
Link to Newsletter

Episode Overview

In this episode, Heather Cox Richardson analyzes a major legal development: the dismissal of indictments against former FBI Director James Comey and New York Attorney General Letitia James. She explores the political context behind these prosecutions, the implications for the rule of law, and the worrying turn toward military justice under President Donald Trump’s administration. The episode highlights escalating tensions between the executive and legislative branches, the targeting of political opponents, and the dangerous use of the military to enforce the president’s will.

Key Discussion Points and Insights

1. Dismissal of Indictments against Comey & James (00:00–04:25)

• Judge Curry's Ruling:
  U.S. District Judge Cameron McGowan Curry dismissed indictments of Comey and James, ruling Trump’s appointment of Lindsey Halligan as interim U.S. attorney for the Eastern District of Virginia was invalid.
  • Halligan, a Trump aide and former insurance lawyer, replaced Eric Siebert, who had refused to indict Comey and James due to lack of evidence.
  • Halligan’s rapid indictments were seen as “targeted prosecutions of those Trump considered enemies by law.”
• Legal Background:
  The law allows an attorney general to appoint an interim U.S. attorney for 120 days. If the seat isn't confirmed within that time, the district court takes over appointment power until the Senate confirms a nominee.
  • The Trump administration tried to circumvent this process through consecutive interim appointments.
• Constitutional Issues:
  Judge Curry found Halligan’s appointment violated both statutory law and the Appointments Clause of the U.S. Constitution, thus invalidating all her actions, including the indictments.

Notable Quote

• “If the indictments were to stand, the government could send any private citizen off the street, attorney or not, into the grand jury room to secure an indictment... That cannot be the law.” — Judge Curry, summarized by Richardson (03:48)

2. Reaction from Key Figures (04:25–06:48)

• James Comey’s Response:
  Comey posted a video emphasizing the deeper significance:
  • “...a message has to be sent that the president of the United States cannot use the Department of Justice to target his political enemies. I don't care what your politics are. You have to see that as fundamentally un-American and a threat to the rule of law that keeps us all free.” — James Comey (05:30)
  • Urged Americans to uphold the rule of law and resist division and intimidation.
• Trump Administration’s Next Steps:
  Attorney General Pam Bondi vowed an immediate appeal and, after being shut down in courts, Trump shifted focus to using military justice against political enemies.

3. Turn Toward Military Justice & Political Intimidation (06:48–09:40)

• Escalation Post-Legislative Warning:
  After lawmakers released a video reminding service members they must refuse illegal orders, Trump’s administration labeled the act “seditious,” punished by death.
  • Officials claimed the video attacked Trump and disrupted the chain of command.
• Targeting Senator Mark Kelly:
  Department of War (DoW) announced an investigation into Democratic Senator (and retired Navy Captain) Mark Kelly for participating in the video.
  • Suggested Kelly could be recalled to active duty for court martial.
  • QAnon Rhetoric:
    • The move to military tribunals echoes QAnon conspiracy theories. Trump has previously called for military prosecutions of perceived enemies.

Notable Quote

• “There's clearly no adult in the room to say wait, maybe don't go after the charismatic war hero turned literal astronaut who ran for office after his wife was a victim of political violence.” — Law Professor John Pfaff, as cited by Richardson (08:25)

4. Public and Personal Pushback from Mark Kelly (09:15–10:21)

• Mark Kelly’s Public Statement:
  Kelly rebutted attempts at intimidation with a detailed personal account of his service and sacrifices:
  • “I commissioned as an ensign in the United States Navy and swore an oath to the Constitution. ... I did all of this in service to the country that I love... If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won't work. I've given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.” — Mark Kelly (09:30)
• Interview with Rachel Maddow:
  Kelly was more candid, expressing the gravity of political violence and the responsibility of holding the president to account.
  • “I've had a missile blow up next to my airplane... My wife, Gabby Giffords, meeting with her constituents, shot in the head... We know what political violence is and we know what causes it, too. The statements that Donald Trump made incite others. He should be careful with his words. But I'm not going to be silenced here.” — Mark Kelly (10:05)
  • Emphasized the duty of every member of Congress to support the Constitution—not be silenced by intimidation.

Memorable Moments and Quotes

• On the Rule of Law:
  “You have to see that as fundamentally un-American and a threat to the rule of law that keeps us all free.” — James Comey (05:30)
• On Political Intimidation:
  “I've given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution.” — Mark Kelly (09:30)
• On Political Violence:
  “We know what political violence is and we know what causes it, too. The statements that Donald Trump made incite others.” — Mark Kelly (10:05)

Important Timestamps

• 00:00: Episode begins, contextualizing the dismissed indictments of Comey and James.
• 03:48: Judge Curry’s ruling summarized; explanation of legal provisions.
• 05:30: Comey’s emotional response and warning to the nation.
• 06:48: Administration pivots to military justice after legal setbacks.
• 08:25: John Pfaff’s assessment of targeting Mark Kelly.
• 09:30: Mark Kelly’s defiant statement on Facebook.
• 10:05: Kelly expresses resolve in conversation with Rachel Maddow.

Conclusion

This episode paints a stark picture of mounting authoritarian tactics in the U.S. government, the erosion of legal norms, and the courage of those standing up to presidential overreach. Through the voices of dismissed officials, targeted lawmakers, and legal experts, Heather Cox Richardson underscores the importance of defending the Constitution, the rule of law, and democracy itself in turbulent times.