This is an opinion column
If you enjoy political pugilism, President Donald Trump versus former FBI Director James Comey is akin to a must-watch bout for the heavyweight title of the world.
Trump forced Comey’s indictment to get vengeance for perceived past wrongs inflicted by Comey.
What will a jury do? No one knows.
In the meantime, both sides fire heavy artillery, pounding each other in hopes of influencing the 2026 mid-term elections, Comey’s jury pool, and trial verdict.
President Trump hammers Comey, declaring, “One of the worst human beings this Country has ever been exposed to is James Comey, the former Corrupt Head of the FBI. Today he was indicted by a Grand Jury on two felony counts for various illegal and unlawful acts.”
Attorney General Pam Bondi adds, “No one is above the law. Today’s indictment reflects this Department of Justice’s commitment to holding those who abuse positions of power accountable for misleading the American people.”
FBI Director Kash Patel piles on, “For far too long, previous corrupt leadership and their enablers weaponized federal law enforcement, damaging once proud institutions and severely eroding public trust. Everyone, especially those in positions of power, will be held to account – no matter their perch.”
These highly publicized, prejudicial attacks jeopardize Comey’s right to a fair trial and presumption of innocence, both bedrocks of American jurisprudence.
Such is the venom of politics in America.
Comey, in turn, asserts he and his family have “known for years that there are costs to standing up to President Donald Trump. We couldn’t imagine ourselves living any other way. We will not live on our knees and you shouldn’t. … I have great confidence in the federal judicial system and I’m innocent. So let’s have a trial.”
I’ve prosecuted and defended criminal jury trials for 30+ years. If forced to bet on who wins, I’d bet on Comey. There are a lot of potential defenses. Comey must win just one for acquittal. Trump must win all for a conviction.
Prosecutors always have a tough row to hoe. And that’s how it should be to protect the innocent.
But no one outside a jury room really knows what a jury’s verdict will be.
Notwithstanding, perhaps the best indicator of ultimate outcome is whether Comey demands a speedy trial. If Comey does, that is a clarion call that Comey and his defense team are highly confident of an acquittal and want the trial as quickly as possible … to damage Trump’s presidency and affect the 2026 mid-term elections.
Trump v Comey: A High Stakes Battle
A Comey conviction means up to 5 years’ incarceration. Lying to and obstructing Congressional proceedings are serious offenses.
On the other hand, if Comey is acquitted, Trump risks yet another impeachment with one very big difference: this time the Senate might convict and remove him from office.
On what grounds?
Obstruction of justice stands out. 18 U.S.C. 1503 states, in part: “Whoever corruptly, or by threats . . . or by any threatening . . . communication, endeavors to influence, intimidate, or impede any grand or petit juror, or officer in or of any court of the United States . . . in the discharge of his duty . . . or corruptly or by threats . . . or . . . any threatening . . . communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice” … is guilty of a felony.
Trump’s numerous, public accusations against Comey coupled with an actual jury acquittal could be compelling evidence that Trump coerced government officials to get an improper indictment to persecute an innocent political foe. All of which, if that is the way events unfold, would constitute impeachment grounds.
While a lot of lawyers can argue 18 U.S.C. 1503 does not apply to Trump’s conduct, and while in a court of law that argument might prevail, that’s immaterial not because Trump’s impeachment risks are not in a court of law.
Trump’s risks are in the court of public opinion (that also affects 2026 mid-term election outcomes) and in Congress. For impeachment, Congress is both judge and jury.
If Comey is acquitted, and if Democrats win the Congressional mid-term elections, bet the house that Trump will be impeached for a third time but with one big, possible difference: this time Trump might also be convicted in the Senate and removed from office.
If Comey is acquitted (still a big if), history is not on Trump’s side.
In 1974, the House impeached President Richard Nixon for obstructing the Watergate burglary investigation and abusing presidential power via ”conduct violating the constitutional rights of citizens, (and) impairing the due and proper administration of justice and the conduct of lawful inquiries.” Nixon resigned.
Two decades later, the House impeached President Bill Clinton for obstructing justice and lying to a grand jury about his sexual relationship with Monica Lewenski.
Trump has already been impeached twice on lesser accusations.
In sum, the stakes in Trump versus Comey cannot be higher for Comey, for Trump … or for America.
Mo Brooks served on the House Armed Services Committee for 12 years and the Foreign Affairs Committee for 6 years. Brooks graduated from Duke University in 3 years with a double major in political science and economics (highest honors in economics).
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