The Justice Department told a federal court that presidents constitutionally “have an influence” over prosecutors, even as it argued no such influence drove its prosecution of former FBI Director James Comey.
The DOJ filed its response Tuesday to Comey’s motion to dismiss the North Carolina “seashell” case — the April 2026 indictment charging him with threatening President Donald Trump by posting a beach photo of shells arranged to spell “86 47.”
Comey’s defense argues the case is vindictive — retaliation for years of public criticism of Trump.
That defense may have found new footing in the filing itself. On page 9, prosecutors argued that a president directing his Justice Department is a constitutional “feature, not a bug.”
“The Chief Executive directing his subordinates to exercise core Executive functions is a feature, not a bug, of our constitutional system,” the filing said.
The DOJ went further, calling the idea of an independent Justice Department “antithetical to the constitutional separation of powers” — and “as a matter of historical analysis, it is a myth.”
But the same filing argued that U.S. Attorney Ellis Boyle, the charging prosecutor, acted with complete independence from Trump and faced no pressure of any kind.
“No one ordered or even suggested that Boyle pursue the ongoing investigation or seek an indictment,” the filing said, adding that Boyle did not discuss the charges with the acting attorney general until the day before grand jury proceedings began.
The tension sits at the heart of Comey’s dismissal bid. Comey’s motion argued the case “effectuates a yearslong campaign by the President to use the criminal process to punish Mr. Comey for his protected speech and because of the President’s deep-seated animosity.”
As evidence, Comey pointed to a Truth Social post in which Trump directed former Attorney General Pam Bondi to act, writing “JUSTICE MUST BE SERVED NOW.”
The DOJ dismissed that post as reflecting only Trump’s view that Comey had committed crimes — not a directive to prosecute. But the filing’s own acknowledgment that the Constitution “plainly contemplates” presidential influence over prosecutors cuts against that defense.
Comey’s trial is scheduled for October 21 in New Bern, North Carolina.
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