When you are a lawyer, you hear that phrase “selective prosecution” now and then. Someone’s brother-in-law or cousin is being picked on by the local County District Attorney. But, sometimes, we see actual selective prosecution in real life. One day, Pres. Trump publicly directs AG Pam Bondi to prosecute James Coney. Days later, the U.S. Attorney for the Eastern District of Virginia does in fact indict James Comey. Mr. Comey, former head of the FBI, has been on Pres. Trump’s enemies list for years.
This is the same James Coney who was once managing attorney for that same Eastern District of Virginia office. Ty Cobb. a former Assistant U.S. Attorney himself and a long-time Washington D.C. criminal defense lawyer, said the “vindictiveness and selectivity of the indictment are palpable.”
James Comey was also a former U.S. Attorney for the Southern District of New York, a prestigious post. And, he served as second-in-command of the Deptartnment of Justice during the George W. Bush presidency. If convicted on the perjury charges, he would face up to five years in prison. But, given the public nature of the President’s “selection” of Coney to be prosecuted, he has better than even chances of avoiding any punishment. See ABA Bar Journal report here. As often occurs, Pres. Trump’s own actions undermine his efforts. The best evidence for selective prosecution will be Trump’s very public, errant message to Pam Bondi.