The Daily – "The Indictment of James Comey"

Date: September 26, 2025
Host: Michael Barbaro (with reporting by Devlin Barrett)

Overview

In this episode, Michael Barbaro and journalist Devlin Barrett unpack the seismic indictment of former FBI director James Comey—an unprecedented move that President Trump has pursued zealously since 2017. The episode situates the indictment within Trump’s ongoing campaign of retribution against perceived political enemies, exploring its process, its legitimacy (or lack thereof), and its potentially chilling implications for the Justice Department and American democracy.

Key Discussion Points and Insights

1. The Context of the Indictment

(00:31-03:14)

• Trump’s Long-Standing Feud with Comey: The episode begins by framing the indictment as the culmination of a years-long vendetta. Trump has repeatedly pressured federal prosecutors to bring charges against Comey, despite persistent lack of evidence and reluctance among government lawyers.
• Retributive Use of the Justice System: Devlin Barrett observes that the move marks a dramatic use of DOJ as "a tool against the people [Trump] blames for his own legal problems" (02:01)—a pivotal moment for American rule of law.

2. The Origin of Trump vs. Comey

(03:14-06:42)

• Breakdown in Trust: The relationship soured over the Russia investigation and Comey’s resistance to pledging personal loyalty to Trump.
• Comey’s Firing (May 2017): This dismissal prompted appointment of a special counsel and deepened Trump’s hostility.
• Trump’s Public Smears: Trump labeled Comey a “leaker and a liar” both on Twitter and in public commentary.

3. Trump’s Persistence after First Term

(06:42-09:19)

• Relentless Pressure: When Trump returned for a second term, he upped the pressure on DOJ, insisting "they indicted me, now they need to be indicted" (07:02).
• Resistance from Prosecutors: Both career and appointed attorneys in Virginia refused the case, describing it as "weak" and unchargeable.
• Purge of Dissent: Trump ousted dissenting officials, installing loyalists specifically to pursue the Comey indictment.

4. The Indictment Itself

(09:20-12:40)

• Timing and Content: The indictment relates to possible false testimony by Comey before a Senate committee on September 30, 2020—timed just days before the statute of limitations would expire.
• Vagueness of Charges: The indictment alleges Comey lied about authorizing leaks, but, as Barrett points out, "the indictment doesn’t tell us how this is a lie… it’s very vague on that point" (12:16-12:40).

5. Legitimacy and Legal Process

(12:40-14:45)

• Grand Jury Indictments: Devlin clarifies that “it’s extremely easy to indict someone,” invoking the famous phrase, “you can indict a ham sandwich” (13:16). The grand jury process is controlled entirely by prosecutors.
• No Endorsement of Evidence: An indictment is not proof of guilt; it simply starts court proceedings.

6. Next Steps and Legal Ramifications

(16:49-19:39)

• Upcoming Arraignment: Comey will be formally charged in court on October 9th.
• Expected Legal Challenges: Given political motivations and the perceived weakness of the case, Comey’s lawyers are expected to seek dismissal before trial.
• Political Motives as a Defense: Defense will likely argue the case is politically driven, referencing Trump’s public statements ordering the prosecution.

7. Two Futures: A Conviction or Collapse

(19:15-21:13)

• Conviction:
  • Would represent a “moment of triumph for Trump in this battle that has gone on for seven, eight years and counting” (19:46).
  • Seen as devastating by DOJ/FBI veterans and would symbolize a major loss of institutional independence.
• Dismissal:
  • Even a tossed case is seen by many DOJ insiders as irreparable: “The Justice Department, as I knew it, is dead” (21:15).

8. Institutional Fallout and Internal Resistance

(21:13-26:14)

• Collapse of DOJ Independence: Trump has “turn[ed] animus towards his enemies into really the modus operandi of the Department of Justice” (21:45).
• DOJ Resignations and Protest: Notably, no career prosecutors signed the indictment; only the Trump-installed head. Immediately after the indictment, one lawyer (Comey’s son-in-law) resigned in protest.
• Pervasive Demoralization: DOJ personnel are torn between resigning in protest or staying and risking complicity in carrying out politically motivated prosecutions.

9. What’s Next—A Wave of Indictments?

(26:14-27:55)

• Broadening Scope: Trump’s desire for retribution extends beyond Comey to figures like Adam Schiff, Letitia James, Hillary Clinton, and George Soros.
• No Sign of Stopping: Barrett: “There’s no reason to think that this will stop with Jim Comey… [this] is the start of what this Justice Department is going to do.” (27:37)

Notable Quotes & Memorable Moments

• Barrett on Trump’s Motivation:
  “This is the culmination, it is the result of a very public and incessant campaign of retribution by President Trump to use the justice system that he resents, that he distrusts, that went after him, to instead use that system to pursue his enemies.” (01:52)
• Barrett on Prosecutorial Resistance:
  “It is only signed by Trump's handpicked new head of the office… That's very unusual. So perhaps an act of protest and an unwillingness to put your name on something that you don't believe in.” (23:20-23:38)
• Devlin Barrett, on DOJ morale:
  “The Justice Department, as I knew it, is dead.” (21:15)
• James Comey responds:
  “Fear is the tool of a tyrant… But I'm not afraid, and I hope you're not either … I have great confidence in the federal judicial system and I'm innocent. So let's have a trial and keep the faith.” (28:41-29:01)

Timeline of Key Moments & Timestamps

• Trump’s decade-long desire for retribution: (01:27-03:14)
• Origins of Trump-Comey feud/Russia investigation: (03:14-04:10)
• Comey firing and special counsel fallout: (04:10-04:24)
• Comey as Trump’s fixation—‘leaker and liar’: (05:14-05:50)
• Comey’s testimony at the Senate and perjury accusation: (09:45-11:57)
• Indictment process and vagueness of charges: (12:16-12:40)
• Explaining the grand jury process and indictment threshold: (13:16-14:45)
• Comey’s expected legal strategy: (16:49-18:26)
• Morale at DOJ and signs of internal protest: (21:13-23:38)
• Scope of Trump’s retribution campaign: (26:14-27:55)
• Comey’s public statement responding to indictment: (28:27-29:01)

Tone & Language

• The conversation is grave, analytical, and urgent, marked by genuine concern for the health of U.S. institutions and democracy.
• Quotes are delivered with clarity and unflinching honesty—especially by Devlin Barrett, who describes DOJ anger and despair in stark terms.

Summary for Non-Listeners

This episode provides a detailed, inside view of a historic, politically supercharged indictment. It describes how President Trump bent the structure of the DOJ to indict his perceived nemesis, James Comey, despite widespread internal resistance and legal doubts. The show explores the implications for American justice, including eroding independence, institutional crisis, and the likelihood of further politically motivated prosecutions. The episode closes on Comey’s own words—unbowed, defiant, and trusting in the judiciary—while DOJ sources express existential despair about the future of the department.