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"Fatal blow!" Attorney General sinks his own case on air - Brian Tyler Cohen
Legal Breakdown episode 709: Todd Blanche undermines his own prosecution against James Comey
The following summary is AI-generated.
- Todd Blanche, the acting attorney general, admitted on television that the phrase "8647" appears frequently in merchandise and online, yet only James Comey is being prosecuted for it, creating a strong claim of selective prosecution.
- Legal analysts argue that this admission, combined with the fact that Comey is the sole individual charged for displaying those numbers, could serve as a "smoking gun" defense proving the case is both selective and vindictive.
- The speakers suggest the prosecution violates the Due Process Clause of the Constitution, which protects citizens from being targeted based on discriminatory intent or political animus.
- James Comey may have grounds to file a civil lawsuit against officials like Blanche and Donald Trump in their personal capacities, as prosecutors lose immunity when acting unethically or outside the scope of official duties.
- Blanche could face disbarment or ethics investigations in New York for what is described as "big ticket" unethical conduct and abusing the rule of law to target political opponents.
- Unlike broad policy cases (such as birthright citizenship), these individual vindictive prosecutions likely cannot be brought as a class action, meaning each target must sue separately in their personal capacity.