Now that former FBI Director James Comey has been criminally indicted — just days before the expiration of the statute of limitations — it is fair to ask why.

Charges filed at the command of the president would seem to undermine the legitimacy of the Department of Justice. And maybe that’s the point. Regardless, it marks a sad, dark day for the rule of law.

A grand jury in the Eastern District of Virginia charged Comey with lying to Congress on Sept. 30, 2020. The two-count indictment alleges false statements and obstruction of justice, both apparently based on the same conduct: his denial that he had authorized anyone to leak information to the press concerning FBI investigations into 2016 presidential candidate Hillary Clinton, or President Donald Trump.

The indictment came a week after Trump posted a demand to Attorney General Pam Bondi to charge Comey and other perceived enemies, calling them “guilty as hell.” Perhaps cognizant that the five-year statute of limitations would be expiring within days, Trump added, “We can’t delay any longer, it’s killing our reputation and credibility.”

In a single post, Trump eliminated any pretense that his Department of Justice maintains the independence it has boasted since Watergate. “No one is above the law,” Bondi said in a statement Thursday. “Today’s indictment reflects this Department of Justice’s commitment to holding those who abuse positions of power accountable for misleading the American people. We will follow the facts in this case.”

The case appears to be weak on its merits. Erik S. Seibert, the former U.S. Attorney in the Eastern District of Virginia, resigned rather than seek an indictment. When he was replaced by Lindsey Halligan, a White House adviser and former Trump lawyer with no prosecutorial experience, career attorneys prepared a memo warning that there was insufficient evidence to establish probable cause, let alone guilt beyond a reasonable doubt.

The prosecution appears to be built on conflicting testimony by Comey’s former deputy, Andrew McCabe. Yet the DOJ’s own inspector general concluded in 2018 that Comey did not authorize the leak. Indeed, reports indicate that the grand jury refused to return a proposed third charge against Comey. So what then explains the decision to move forward with the filing of flimsy charges?

One reason, of course, is pure retribution by Trump. Comey, after all, led the FBI during its investigation into alleged connections between Trump’s 2016 presidential campaign and Russia, a probe Trump has repeatedly dismissed as a “hoax” and a “witch hunt.” The president has publicly called for Comey’s head for years, lumping him together with his long list of perceived enemies in a world of “us versus them.” As Trump wrote in a Truth Social post, “They impeached me twice, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!!”

Another reason could be to distract the public’s attention from the Jeffrey Epstein files, which reportedly contain references to Trump.

But based on Trump’s gloating victory lap after the indictment was filed, the main reason for charging Comey may be to undermine public confidence in the criminal justice system and cleanse himself of the stain of corruption. On Thursday night, Trump posted, “One of the worst human beings this Country has ever been exposed to is James Comey, the former Corrupt Head of the FBI. He has been so bad for our Country, for so long, and is now at the beginning of being held responsible for his crimes against our Nation.”

Comey posted a video statement declaring his innocence, and said he was not afraid. “My heart is broken for the Department of Justice. I have great confidence in the federal judicial system, and I am innocent, so let’s have a trial, and keep the faith.”

By directing his DOJ to charge Comey, Trump appears to be borrowing a tactic from the playbook of Russian leader Vladimir Putin. According to Ben Rhodes , a former deputy national security adviser, Putin doesn’t try to convince the Russian people that he is honest. Instead, he works to persuade them that everyone else is corrupt. It’s a cynical ploy meant to condition people to tolerate corruption. If voters believe that all public officials are crooks, then they will overlook the crooked leader who professes to share their values.

Trump, our country’s only president to have been convicted of a felony, may be playing the same game. His own record is long. In May 2024, a jury found him guilty of falsifying business records to conceal a conspiracy to interfere with the 2016 presidential election by paying hush money to adult film actress Stormy Daniels.

In addition, Trump was found liable for defamation for falsely claiming that writer E. Jean Carroll fabricated her accusations of sexual assault. He was found liable for engaging in fraud in the operation of the Trump Organization, a verdict that was recently upheld by an appellate court — though it reduced the damages he owed.

And, of course, Trump was charged in two separate federal indictments, one for the unlawful retention of sensitive government documents, and another alleging conspiracy to defraud the United States over the 2020 election. If Trump can make people believe that indictments like the one targeting Comey are meaningless, then the indictments against him can be dismissed just as easily.

Indeed, following the Comey indictment, New York Democratic Representative Dan Goldman said, “The problem is how are you ever going to know whether an investigation by the FBI, an investigation by the Department of Justice, is legitimate or is corrupt.”

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This column reflects the personal views of the author and does not necessarily reflect the opinion of the editorial board or Bloomberg LP and its owners.

Barbara McQuade is a professor at the University of Michigan Law school, a former US attorney and author of "Attack from Within: How Disinformation Is Sabotaging America."

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