The Briefing with Jen Psaki

Episode: Why indicting James Comey may come back to bite Trump
Date: September 26, 2025
Host: Jen Psaki, MSNBC

Episode Overview

In this breaking news episode, Jen Psaki unpacks the surprise indictment of former FBI Director James Comey on two felony counts—making false statements and obstruction—by a grand jury in the Eastern District of Virginia. The charges are widely viewed as part of Donald Trump’s escalating efforts to target political enemies, raising urgent concerns about the politicization of the Justice Department. Psaki is joined by a slate of high-profile guests, including Congressman Jamie Raskin, Senator Tim Kaine, legal analysts, and former law enforcement officials, to analyze the legal, ethical, and political fallout—and to discuss the broader implications for American democracy and the rule of law.

Key Discussion Points & Insights

Breaking Down the Comey Indictment

• Timing and Charges:

  • Comey indicted on two counts tied to testimony he gave virtually at a Senate Judiciary committee hearing on September 30, 2020.
  • Indictment rushed through just before the five-year statute of limitations expired.
  • Charges: one count of making false statements, one count of obstruction.
  • No new evidence presented; previous investigations found no criminal wrongdoing by Comey.
  • Charges brought by newly appointed U.S. Attorney Lindsey Halligan, a Trump loyalist with no prior prosecutorial experience (01:08–05:26).

• Procedural Abnormalities:

  • The previous U.S. Attorney, Eric Siebert, was forced to resign after refusing to pursue Trump’s requested charges against Comey and Letitia James (01:08–08:49).
  • After Halligan’s appointment, career prosecutors recommended against indictment; Halligan proceeded anyway (08:49–09:26).

Immediate Reactions

• Comey's Statement:

  • Direct, defiant response emphasizing the personal cost but expressing no fear:
    • “We will not live on our knees.” (05:32, Jen Psaki quoting Comey)
    • "Fear is the tool of a tyrant. ... I'm not afraid. And I hope you're not either." (05:34–05:48, Senator Tim Kaine reading Comey's statement)
    • “I'm innocent. So let’s have a trial and keep the faith.” (06:01–06:12, Senator Tim Kaine as Comey)

• Mood in Law Enforcement:

  • MSNBC’s Ken Delaney: “Shock and sadness ... the Justice Department as we knew it is dead, is over.” (06:49–08:49)
  • Michael Feinberg, former FBI assistant/special agent: “There is a sense of shock that something like this can happen in a republic or a democracy—that the president can use a political arm of government to specifically target a political enemy… seeing them now go after a political enemy on very spurious and dubious charges without really offering a scintilla of evidence is not a good sign for the health of our democracy.” (10:33–11:35)

• Impact on DOJ Morale:

  • Widespread resignation plans among career DOJ and FBI professionals.
  • “To a person, everybody I know, if they're not going to resign immediately ... they're still counting down the days until retirement. I don't know a single person who does not a little bit dread walking into their field office or headquarters right now.” (12:12, Michael Feinberg)

Political and Legal Context

• Pattern of Political Prosecutions:

  • Congressman Jamie Raskin: “Trump decided ... there wasn't a problem with his case, there was a problem with the prosecutor. ... Then he replaces [the prosecutor] with a handpicked sycophant underling who never had had a day working as a prosecutor.” (14:08–15:22)
  • “The president didn’t care about the facts, ... it was a vengeance campaign.” (16:05, Jamie Raskin)

• Threat to Rule of Law:

  • Psaki and Raskin stress that previous IG reports found no criminal conduct by Comey, underlining the indictment as an abuse of executive power (17:12–17:50).
  • Raskin expresses hope the courts/juries will see through “vindictive and selective prosecution.” (16:20–17:12)

• Bias in Justice Department Leadership:

  • “They're not looking for qualified Republican US Attorneys. They're looking for unqualified Republican US Attorneys—that is, those people who demonstrate nothing other than personal fidelity to Donald Trump.” (17:50, Jamie Raskin)
  • Over 400 lawsuits have challenged Trump-era DOJ actions, with plaintiffs prevailing in 96% of cases in lower courts. (19:18–19:33, Jamie Raskin)

Legal Analysis

• Due Process Flaws:

  • Andrew Weissman (former DOJ prosecutor): “...if there were the crime of making false statements to Congress or obstructing Congress, those are serious. ... But the real story, I agree with you, Jen, is about the process here.” (24:41, Weissman)
  • “You would sit down and look at the evidence, ... understand [career prosecutors'] reservations. ... There's no evidence that that entire process happened in the New York Minute that Ms. Halligan has been in her position.” (25:23–26:23, Weissman)

• Possible Outcomes:

  • Weissman suggests Comey will demand a speedy trial, potentially disproving the indictment within 30 days:
    • “We could see in 30 days all of this blowing up in Donald Trump's face and everything that he thinks is a victory now is going to really show ... this is the abuse that it appears to be.” (26:54, Weissman)
  • Selective and vindictive prosecution motion likely:
    • “If it's ever going to work ... this looks like it.” (28:06, Weissman)
    • Highlights the risk for the administration: “I really think this is one ... where there is the potential for ... real pushback by the judge, by a jury ...” (29:47, Weissman)
  • Halligan’s inexperience and signature confusion on documents is notable but not the biggest procedural concern (31:02, Weissman).

Broader Implications and Next Targets

• Senator Tim Kaine's Perspective:

  • “Donald Trump has just installed a political hack to do his bidding. ... If you've looked at our Attorney General Pam Bondi's statement ... you follow the facts before you indict someone for a crime. You do not indict them and say, well, now we got to go look for some facts.” (34:52–36:36, Kaine)
  • Legal and ethical failures could result in dismissals for malicious prosecution; questions about Halligan’s legal standing as interim US Attorney may also provide grounds for dismissal (37:00, Kaine)
  • Kaine voices worry about widespread resignations and the erosion of longtime standards in Virginia’s US Attorney offices (40:46, Kaine).

• Pattern of Political Targeting Expands:

  • Trump administration seen pressing DOJ to investigate more perceived enemies, including George Soros and John Bolton (43:12–44:44, Psaki & Vaughn Hilliard).
  • DOJ reportedly seeking plans from multiple U.S. attorney’s offices to pursue Soros-linked groups with RICO, arson, wire fraud, and “material support for terrorism.” (43:23, Psaki).

• White House and DOJ Under Siege:

  • “What was made clear by the President ... is that in this administration, he was going to nominate people into the DOJ, into the FBI, who were willing to carry out and be loyal to his desires.” (44:44, Vaughn Hilliard)

Notable Quotes & Memorable Moments

• Jamie Raskin:
  • "The president didn't care about the facts, ... cared about his emotions, and it was a vengeance campaign." (16:05)
• Senator Tim Kaine (relaying Comey’s statement):
  • "My family and I have known for years that there are costs to standing up to Donald Trump, but we couldn't imagine ourselves living any other way. We will not live on our knees." (05:26–05:32)
  • "Fear is the tool of a tyrant. ... I'm not afraid. And I hope you're not either." (05:34–05:48)
• Ken Delaney:
  • "The Justice Department as we knew it is dead, is over." (06:49)
• Michael Feinberg:
  • "Seeing them now go after a political enemy on very spurious and dubious charges without really offering a scintilla of evidence is not a good sign for the health of our democracy." (10:33)
• Andrew Weissman:
  • “If it’s ever going to work for vindictive prosecution, this looks like it.” (28:06)
  • "We could see in 30 days all of this blowing up in Donald Trump's face ..." (26:54)
• Jen Psaki:
  • “It is ... really not a story about Comey doing something wrong. ... It's really about an abuse of power and an overreach of power. That's what this story is about.” (17:12)
• Senator Tim Kaine:
  • “I’ve had my differences with James Comey in the past, but I can spot trumped up charges a mile away.” (33:45)

Important Segment Timestamps

• News Break & Indictment Overview: 01:08–05:26
• Comey's Response (via statement, read by Kaine): 05:26–06:12
• Law Enforcement & DOJ Reactions: 06:49–13:03
• Jamie Raskin on Pattern & Precedent: 14:08–19:33
• Andrew Weissman's Legal Analysis: 24:41–31:45
• Senator Tim Kaine's Reaction & State Impact: 34:52–42:42
• Expansion of Political Prosecutions (Soros, Bolton, Schiff): 43:12–46:59

Summary Takeaways

This episode delivers a deeply reported, urgent look at the weaponization of federal law enforcement for political payback. Through incisive interviews and expert legal analysis, Psaki and her guests expose the fragility of established guardrails at the Department of Justice and consider the chilling ramifications: a surge of resignations from career officials, precedent for further retaliatory prosecutions, and the risk of dismantling faith in the rule of law.
The consensus among legal and political experts is that the indictment of James Comey is almost certainly a political prosecution, unlikely to result in conviction, and potentially poised to backfire spectacularly—both in a court of law and in the court of public opinion. As the episode closes, it’s clear that the Comey case represents a Rubicon-crossing moment for American democracy, with reverberations certain to echo in the weeks to come.