Murder Conspiracies, Free Speech, and Reluctant Jurors: A Conversation with FDR Drive Author James Comey

Hosted by Áine Cain and Kevin Greenlee

Introduction

In this insightful episode of Murder Sheet, hosts Áine Cain and Kevin Greenlee engage in a compelling conversation with James Comey, the author of FDR Drive and former Director of the Federal Bureau of Investigation (FBI). The discussion delves deep into the intricacies of Comey's latest novel, exploring themes of conspiracy, free speech, the challenges of jury selection, and the nuanced relationship between the FBI and the U.S. Attorney's Office.

James Comey: From FBI Director to Novelist

James Comey brings a wealth of experience to his writing, drawing from his extensive background in law enforcement and government. He served as the United States Attorney for the Southern District of New York, the U.S. Deputy Attorney General, and had roles in major corporations like Lockheed Martin and Bridgewater Associates before transitioning into authorship.

“He was the United States Attorney for the Southern District of New York, the US Deputy Attorney General, the General Counsel for Lockheed Martin and Bridgewater Associates, and briefly, he was a defense attorney.” [04:06]

Comey's novels, particularly the Nora Carlton series, are lauded for their authenticity and depth, offering readers a realistic portrayal of the criminal justice system.

Inspiration Behind FDR Drive

FDR Drive, the third installment in the Nora Carlton series, draws inspiration from Comey's observations of radicalization efforts both online and offline. Reflecting on his tenure as FBI Director during the rise of Islamic State propaganda and the growing threat of white identity extremism, Comey sought to craft a narrative that is both gripping and relevant.

“I thought, wow, it would be maybe a depressing storyline, but maybe one that would be important to my readers... where that technology, that podcast, that social media is used to radicalize people whose view of their own racial identity motivates them to violence.” [06:25]

Evolving Storytelling in the Nora Carlton Series

Comey emphasizes the intentional diversity in his storytelling approach. Unlike many series that revisit similar plots, his books explore varied cases ranging from financial crimes to espionage, mirroring the multifaceted nature of real-life prosecutions.

“It's intentional, and it's mostly driven by my idea person, partner, my wife... I've tried to see all these different angles on the criminal justice system and the national security world, and so I've tried to do them all differently.” [08:45]

This approach not only keeps the narrative fresh but also allows readers to experience the breadth of challenges faced by prosecutors.

The Significance of FDR Drive

Choosing FDR Drive as the title was a deliberate decision to anchor the story in a specific, real-world location that holds personal significance for Comey. The drive itself, a major thoroughfare along Manhattan’s East Side, serves as a backdrop for key events in the novel.

“The FDR Drive is the major... It's the aspirational highway that runs along the east side of the island of Manhattan... I put up key parts of the story right there near the drive.” [12:00]

Navigating Political Polarization and Free Speech

One of the central themes in FDR Drive is the delicate balance between free speech and incitement of violence. Given the current polarized political climate, Comey addresses the complexities prosecutors face in identifying and acting upon threats that border on criminal incitement without infringing upon First Amendment rights.

“When is incitement a crime? I urge you to stand up for your beliefs... at some point, we'd all agree that when I tell you I want you to go kill Mary Smith... I have joined into a conspiracy with you.” [22:30]

Comey underscores the gray areas that make defining and prosecuting such cases challenging, emphasizing the importance of judicial discretion and the evolving nature of common law.

Challenges in Jury Selection

Jury selection emerges as a critical aspect of prosecutions, especially in high-profile cases. Comey shares his experiences and strategies in selecting jurors who can remain impartial despite extensive public scrutiny.

“Especially a trial involving a controversial topic, most people try and find a way to get off... You try as the prosecutor, you're kind of the sponsor of the case.” [42:25]

He highlights the difficulty in reading juror behavior and the unpredictability involved, recounting unique instances that underscore the human element in courtroom proceedings.

Interagency Dynamics: FBI and U.S. Attorney's Office

The relationship between the FBI and the U.S. Attorney's Office is portrayed as both collaborative and competitive. Comey discusses the inherent tensions that arise from overlapping jurisdictions and the drive to outperform counterpart agencies.

“They allow investigative agencies to play the two prosecutor's offices against each other... It allows for energy and creativity.” [33:53]

This dynamic fosters a work environment where bureaucracy meets ingenuity, often leading to innovative strategies in combating crime.

Ethical Dilemmas in Prosecution

Comey delves into the moral complexities prosecutors face, particularly when relying on jailhouse informants. Balancing the need for reliable information against the ethical implications of cooperating with criminals is a recurring challenge illustrated in FDR Drive.

“Criminals are like a loaded gun pointed at your career... always take a step back and ask yourself, is this person giving me what I want?” [38:35]

This internal conflict adds depth to his characters, showcasing the real-life dilemmas that shape prosecutorial decisions.

Undercover Operations and Operational Technology

Reflecting his deep understanding of FBI operations, Comey touches upon the advanced techniques employed in undercover work and the crucial role of the FBI's Operational Technology Division. These elements contribute to the suspense and realism of his narratives.

“Operational Technology Division... using technology to help the FBI in its counterterrorism, its counterintelligence and its criminal operations.” [56:16]

Reception and Future Endeavors

James Comey's novels have been well-received by both readers and former colleagues from the FBI and U.S. Attorney's Offices. He expresses excitement for future projects, including an upcoming espionage thriller set in Washington D.C. and plans for a new series based in Richmond, Virginia.

“We've been pleased by the results there. In general, the folks who have read my book so far think I get it right.” [58:32]

Conclusion

This episode offers a comprehensive look into James Comey's transition from FBI Director to acclaimed novelist. Through FDR Drive, Comey not only entertains but also educates readers on the nuanced challenges within the criminal justice system. His expertise and candid discussions provide invaluable insights into the interplay between law enforcement, legal proceedings, and the broader societal issues of free speech and radicalization.

Notable Quotes:

• “I tried to write a cool story that would be relevant. I wish it weren't as relevant as it is this spring.” — James Comey [06:25]

• “When is incitement a crime?... I've tried to show that the grayness around that line.” — James Comey [22:30]

• “Criminals are like a loaded gun pointed at your career.” — James Comey [38:35]

• “Operational Technology Division... using technology to help the FBI in its counterterrorism, its counterintelligence and its criminal operations.” — James Comey [56:16]

This structured and detailed summary captures the essence of the conversation, ensuring that listeners unfamiliar with the episode can grasp the key discussions and takeaways.