[Join me for a Weekly Dose of Perspective on Saturday morning, Sep. 27 at 9 a.m. PDT / Noon EDT, as I host my weekly Substack livestream!]
Trump’s favorability ratings on a dozen issues are in free fall. True to form, he created new controversies to distract attention from the dumpster fire raging in the Rose Garden Club at the White HouseTM (formerly known as the White House Rose Garden).
In the face of his collapsing approval, Trump lashed out against his “enemies”—real and imagined.
Trump’s hand-picked newbie Acting US Attorney in the Eastern District of Virginia somehow convinced a grand jury to indict James Comey on charges that will result in a “Not Guilty” verdict after trial (assuming they are not dismissed beforehand).
Trump also issued an executive order declaring that a non-existent “enterprise”—Antifa—is a “domestic terrorist organization.” See Executive Order, Designating Antifa as a Domestic Terrorist Organization. “Antifa” is a broad ideology based on historical opposition in Europe to fascist regimes. To the extent that anyone organizes, incites, or commits violence in the name of “anti-fascism” or any other ideology, such conduct is already illegal under dozens of US statutes. Trump’s executive order is purely performative, a carnival barker’s wild claims designed to deceive and distract.
Here’s the point: Trump’s actions on Thursday ooze desperation and weakness. The case against Comey will be a major embarrassment for Trump. The war on Antifa will go the way of Trump’s “invasion” of Chicago—i.e., nowhere.
Rather than cower in fear in the face of Trump’s bluffing, we should welcome the political fight. Bring it on! We will win!
The indictment of James Comey is a sham and a violation of law.
The real lawyers in the US Attorney’s Office in the Eastern District of Virginia refused to bring an indictment against former FBI Director James Comey. Trump was forced to go to a third-string lawyer, Lindsey Halligan, who was willing to violate her ethical obligations by presenting misleading evidence to a grand jury to secure a weak-sauce indictment.
The entire indictment is set forth below:
Note that the indictment was signed by Acting Attorney General Lindsey Halligan—a tacit admission that no reputable attorney in her office would put their name on the indictment!
The core of the indictment is that Comey lied when he testified to the Senate that he did not authorize the anonymous disclosure of information to the Wall Street Journal.
The reason Halligan was forced to sign the indictment is that the DOJ Inspector General investigated Comey’s testimony, which forms the basis of the indictment, and concluded that there is no evidence that Comey lied. Instead, the DOJ Inspector General concluded that Comey’s subordinate, Andrew McCabe, was the source of the leak to the Wall Street Journal—and that McCabe lied to Comey about the leak!
The DOJ Inspector General’s report is here: Office of Inspector General, Report of Investigation of Allegations Relating to Former FBI Deputy Director Andrew McCabe.
The report says former Deputy Director of the FBI, Andrew McCabe, repeatedly lied to James Comey and to the Inspector General about his conversations with James Comey.
For example, the report concludes:
We found that, in a conversation with then-Director Comey shortly after the WSJ article was published, McCabe lacked candor when he told Comey . . . that McCabe had not authorized the disclosure and did not know who did. . . .
We also found that on May 9, 2017, when questioned under oath by FBI agents from INSD, McCabe lacked candor when he told the agents that he had not authorized the disclosure to the WSJ and did not know who did. . . .
We additionally found that on November 29, 2017, when questioned under oath by the OIG in a recorded interview during which he contradicted his prior statements by acknowledging that he had authorized the disclosure to the WSJ, McCabe lacked candor when he: (a) stated that he told Comey on October 31, 2016, that he had authorized the disclosure to the WSJ;
The problem for the DOJ is that it cannot prosecute Comey without calling Andrew McCabe as a witness. And McCabe was interviewed on CBS 60 Minutes (behind a paywall) and admitted that he misled James Comey about the leak to the Wall Street Journal.
During a conversation between Comey and McCabe after the leak, Comey stated his belief that Andrew McCabe would not have leaked the information to the WSJ. As McCabe explained to 60 Minutes, rather than speaking up to say, “Jim, I did leak the information to the WSJ,” McCabe said nothing to correct Comey’s mistaken belief.
As McCabe told 60 Minutes:
I should have corrected it. I should have spoken up and said, ‘Wait a minute, that’s not true.’
By failing to speak up to admit that he leaked the information to the WSJ, McCabe allowed Comey to labor under a mistaken belief about the nature and source of the leak. Comey relied on that mistaken belief (based on McCabe’s lie) when Comey testified to the Senate.
No jury will convict Comey of intentionally lying to the Senate. Indeed, no judge should allow the case to get to the jury after the prosecution rests. There is simply no credible evidence to support the charge.
Comey has come out swinging. Shortly after the indictment, he posted a video statement on Instagram, here: NBC News, Comey responds to indictment saying ‘I’m innocent’. (Be sure to unmute the sound.)
Comey said:
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, and you shouldn’t either.
Someone I love dearly recently said, “Fear is the tool of a tyrant.” And she is right.
But I am not afraid, and I hope you are not either.
I hope, instead, you are engaged, you are paying attention, and you will vote like your beloved country depends upon it—which it does.
My heart is broken for the Department of Justice, but I have great confidence in the federal judicial system.
I am innocent, so let’s have a trial.
James Comey is entitled to a speedy trial under 18 U.S. Code § 3163, which is known as the Federal Speedy Trial Act. Generally, the government must bring the case to trial within 30 to 70 days after indictment. Those periods are extended for pre-trial motions. It is possible that Comey could force a trial in little more than two months.
Comey has at least one pre-trial motion that is likely to be granted. He can easily demonstrate that he was prosecuted for political reasons based on Trump’s numerous posts demanding his prosecution. Indeed, after the indictment, Trump posted that Comey was “one of the worst human beings this Country has ever been exposed to” and was “guilty as hell.” Trump has supplied all of the elements for selective or vindictive prosecution.
Trump and AG Bondi have made a huge mistake—in addition to committing obstruction of justice. The trial of James Comey will be Jimmy Kimmel 2.0 for Trump, so let’s bring it on!
Trump declares an ideology to be a “domestic terrorist organization.”
Trump signed an executive order that declares “Antifa” to be a domestic terrorist organization. See Executive Order, Designating Antifa as a Domestic Terrorist Organization.
Trump’s order is purely performative.
The president has no authority to designate a group as a “domestic terrorist organization.” Notably, the order cites no legal authority for the president’s proclamation. To the contrary, the order says that it must be “implemented consistent with applicable law.”
There are plenty of laws on the books that prohibit the violent activities targeted by the order, i.e.,
armed standoffs with law enforcement, organized riots, violent assaults on Immigration and Customs Enforcement and other law enforcement officers, and routine doxing of and other threats against political figures and activists. Antifa recruits, trains, and radicalizes young Americans to engage in this violence and suppression of political activity . . . .
If the FBI or DOJ identify individuals or organizations that engage in violent activity or train others to do so, they are subject to the criminal laws of the U.S. Likewise, doxxing certain public officials and protected persons is illegal if done with the intent to threaten, intimidate, or incite violence.
Of course, what Trump is hoping to do is to dissuade Americans from engaging in protected political speech and supporting political organizations and parties. Political speech and support for political organizations are protected by the First Amendment of the Constitution. Nothing in Trump’s order can or does prohibit those activities. Indeed, Trump’s order has no legal force.
Still, I understand that some readers may feel anxious about engaging in protected political activities. The bad news is that Trump will target some people. The good news is that he has a list, and you are not on it. The better news is that those on the list have access to great lawyers who will likely be able to have the cases thrown out on grounds of selective or vindictive prosecution. See Roll Call, Trump’s words could trip up any prosecutions against political foes.
Opportunities for Reader Engagement
Meetings with Readers in D.C., Boston, and Concord
We are finalizing details and travel schedules for reader meetings in D.C. (October 14) and Boston (October 16). Jill and I will attend the No Kings protest in Concord, MA, on October 18. I will publish details and a sign-up sheet for D.C. and Boston meetings as soon as possible. The meetings are free and have no formal agenda, other than joining in community and protesting against kings in America!
Swing Left Postcarding event in San Fernando Valley, CA on Sunday, Sep. 28
Also, as a reminder, I will be attending the Swing Left West Valley meeting (located in the San Fernando Valley, CA) on Sunday, September 28, from 5:00 to 7:00 PM. The event will bring members together to write postcards in support of California’s Proposition 50 (to expand the congressional maps in California).
RSVP HERE.
Concluding Thoughts
Readers and grassroots activists are re-engaging and gearing up for the political fights to come. The victory over Disney / ABC / Trump by Jimmy Kimmel and millions of Americans was a morale boost. The overreach in charging Comey (and others to come, such as Letitia James, Adam Schiff, and John Bolton) will further invigorate the faithful as they continue the difficult work of defending democracy.
Two articles can help boost your confidence as we enter the next phase of the battle. The first is by Jay Kuo, which smashes the myth that Republicans won by a “landslide” in 2024. See Jay Kuo, The Big Picture, The Myth of the MAGA Majority. This is an excellent article, and I highly recommend reading it from start to finish.
As Jay notes, the 2024 election was extraordinarily close. Trump did not win a majority of the popular vote. And measures that Trump uses to suggest that he won in a landslide—like the number of counties that voted for him—are irrelevant and misleading. There are thousands of counties in the US with tiny populations. Meanwhile, the population of Los Angeles County is larger than the respective populations of 39 states!
Democrats frequently walk around with a dark cloud over their heads because pundits tell them the voters’ views about the “Democratic Brand” are at their lowest point ever. Who cares about “brand”? What matters are votes and seats in legislatures. By those metrics, non-Trump voters are the strong majority in America! Read Jay’s article for the details
True, we lost the presidency in 2024—but by the thinnest margin of any presidential election since 2000. We should not be walking with our heads hung in shame; instead, we should be planning how to make up those 300,000 votes in three states that would have swung the election to Kamala Harris.
Second, Josh Marshall of Talking Points Memo talks about the fact that we have finally reached the point where we are having actual political fights with Trump—rather than watching a one-sided dismantling of the federal government. See Josh Marshall, Talking Points Memo, Let It Begin — The Real Fights Are Finally Coming Into View.
Marshall writes,
I have a growing sense of optimism about the political situation in the United States. But it’s not necessarily because I’m more confident about the outcomes, though I am that too.
It is more that on a number of fronts the actual fight is coming into the open. Who knows who wins or gets the better of it. But the things the Trump opposition is actually talking about are getting put on the table.
And they’re at the center of the table, with everyone watching. They’re fights to get attention and attention outside of the normal political space.
Trump is picking fights that he will lose because he is desperate. But even if he doesn’t lose every fight—like the latest round of tariffs announced on Thursday—the fights are monumentally unpopular. Trump just can’t help himself.
So, the renewed sense of optimism you are feeling is real—even as the going is getting tougher. That’s a good sign! Once more into the breach, my friends!
Talk to you tomorrow!
Protest Photos
Daily Dose of Perspective
NGC 2403, located 9.65 million light-years from the Milky Way
From Today’s Edition Newsletter via this RSS feed