Former FBI Director James Comey was indicted by a federal grand jury on Sept. 25, 2025 – only the second time in history an FBI director has faced criminal charges.

The indictment came just five days after President Donald Trump took to social media to demand that Comey be prosecuted, and three days after Trump installed a former aide as the prosecutor to bring the case.

Legal experts across the political spectrum describe this as an unprecedented political prosecution that breaks fundamental democratic norms and mirrors tactics used by authoritarian leaders worldwide.

As a professor of law, I think Comey’s indictment is momentous because it tests a principle that has protected American democracy for 50 years: Presidents should not direct prosecutors to charge their political enemies.

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