September 24, 2025

Courts and Lawyers Need to Reject Politically Motivated Prosecutions


FOR IMMEDIATE RELEASE
Contact: Nancy Rodriguez,media@acslaw.org

Washington, DC – The American Constitution Society released the following statement in response to reporting that former FBI Director James Comey may soon be indicted on criminal charges:

“Acceding to the demands of the President to pursue a politically motivated prosecution is a death knell for the Department of Justice’s prosecutorial independence, which is central to a stable and nominally fair criminal legal system. Trump publicly calling on DOJ to pursue politically motivated prosecutions and firing prosecutors for a refusal to indict without evidence fatally delegitimizes that system.

For our system to survive the damage caused by these egregious departures from the rule of law, courts and individual lawyers will need to reject these politically motivated prosecutions and act according to the law and ethical obligations of the profession.

President Trump's demand that DOJ seek reprisal through prosecution against political opponents, including for his prior impeachments, are themselves impeachable offenses for which legislators have a duty to hold him accountable.

If Congress continues to abdicate its constitutional duty to consider impeachment, it's even more important for courts and lawyers to serve as a bulwark against further lawlessness.”

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AMERICAN CONSTITUTION SOCIETY
The American Constitution Society is a 501(c)3 non-profit, non-partisan legal organization. Through a diverse nationwide network of progressive lawyers, law students, judges, scholars, advocates, and many others, our mission is to support and advocate for laws and legal systems that redress the founding failures of our Constitution, strengthen our democratic legitimacy, uphold the rule of law, and realize the promise of equality for all, including people of color, women, LGBTQ+ people, people with disabilities, and other historically excluded communities. For more information, visit us at www.acslaw.org.