A bipartisan group of former federal judges and United States Attorneys today filed an amicus brief urging the U.S. District Court for the Eastern District of Virginia to dismiss the Trump administration’s indictment of former FBI Director James B. Comey, Jr.

The former judges and prosecutors—appointed by both Republican and Democratic presidents—are part of a growing movement of public servants standing up for the rule of law and challenging the Trump administration’s abuse of prosecutorial and other powers. The amici are represented by Democracy Defenders Fund, Beins, Axelrod&Keating, P.C., and Todd & Weld LLP.

The brief argues that Comey’s indictment represents unconstitutional political interference in federal prosecution, as reflected in the appointment of  Lindsay Halligan, the officially unlawfully appointed Interim U.S. Attorney for the Eastern District of Virginia reportedly to bring these charges against the President’s perceived political enemies.

The brief articulates the importance of prosecutorial independence, noting that it “is for precisely these reasons that the Framers of the Constitution erected barriers to the President’s ability to impose his intentions upon prosecutors.” However, the brief argues, “The indictment of Mr. Comey represents an assault upon these principles.” The filing cites President Trump’s public statements demanding that “justice be served” against Mr. Comey and others he views as political opponents, as well as reports that prior Department of Justice officials had declined to pursue charges for lack of evidence.

“Political prosecutions have no place in the courts of the United States,” the brief states. “This case tests the strength of the barriers the Framers built to prevent the accumulation of all powers in one branch—a condition they rightly called the very definition of tyranny.”

“This prosecution was born of an unlawful appointment and fueled by political retaliation,” said Amb. (Ret.) Norman Eisen, executive chair of Democracy Defenders Fund and co-counsel for the amici. “The Constitution and the rule of law demand that it be dismissed.”

Read the amicus brief HERE

The signatories include former judges:

• Chief Judge Ruben Castillo, U.S. District Judge, Northern District of Illinois (Ret.).

• Judge Morton Denlow, U.S. Magistrate Judge, Northern District of Illinois (Ret.).

• Judge David K. Duncan, U.S. Magistrate Judge, District of Arizona (Ret.).

• Judge Nancy Gertner, U.S. District Judge, District of Massachusetts (Ret.).

• Judge Steven M. Gold, U.S. Magistrate Judge, Eastern District of New York (Ret.).

• Judge A. Benjamin Goldgar, U.S. Bankruptcy Judge, Northern District of Illinois (Ret.).

• Judge Thelton Henderson, U.S. District Judge, Northern District of California (Ret.).

• Judge John E. Jones, III, U.S. District Judge, Middle District of Pennsylvania (Ret.).

• Judge Roanne L. Mann, U.S. Magistrate Judge, Eastern District of New York (Ret.).

• Judge John S. Martin, U.S. District Judge, Southern District of New York (Ret.).

• Judge A. Howard Matz, U.S. District Judge, Central District of California (Ret.).

• Judge Brian Owsley, U.S. Magistrate Judge, Southern District of Texas (Ret.).

• Judge Shira Scheindlin, U.S. District Judge, Southern District of New York (Ret.).

• Judge Fern M. Smith, U.S. District Judge, Northern District of California (Ret.).

The former United States Attorneys are:

• Daniel G. Bogden, U.S. Attorney for the District of Nevada (2001-2007, 2009-2017).

• Harry Litman, U.S. Attorney for the Western District of Pennsylvania (1998-2001).

• Barbara McQuade, U.S. Attorney for the Eastern District of Michigan (2010-2017).