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Last week the Justice Department stunned many Americans by unveiling a fresh indictment of former FBI Director James Comey over a now-deleted Instagram post that prosecutors say amounted to a threat against President Trump. The charges, announced April 28, 2026, involve an image of seashells arranged to read “86 47,” and Comey immediately declared his innocence and pushed back publicly.
Veteran legal analyst Judge Andrew Napolitano told Wake Up America that this latest maneuver looks more like political theater than a serious criminal case, explaining why a fair-minded court may never allow it to reach a jury. Napolitano has repeatedly warned that the government’s posture in these politically charged prosecutions is weak and susceptible to procedural attack.
The foundation for skepticism isn’t speculative — a prior indictment against Comey in Virginia was tossed last November after a judge found the prosecutor who brought that case had been unlawfully appointed, raising real questions about the lawfulness and reliability of the government’s grand jury work. That ruling left the government on thin ice and gives defenders ample grounds to demand dismissal or at least a full accounting of who knew what and when.
Napolitano and other legal conservatives point to practical problems that should alarm every American who believes in rule of law: irregularities in grand jury proceedings, ambiguous evidence about intent, and looming statute-of-limitations issues that could bar retrial. When prosecutors rush political cases with sloppy procedure, they hand constitutionalists the moral high ground and the legal tools to shut down abuse.
This is about more than one man; it’s about whether the Justice Department will be allowed to become an instrument of partisan revenge. As Napolitano observed on the air, frustration over perceived slow-walking of politically motivated prosecutions has even shaken the Trump administration’s Justice Department leadership, underscoring how politicized these matters have become. Americans who believe in fairness should be alarmed that justice is being wielded like a political cudgel.
Patriots and defenders of constitutional government should demand transparency and a clean, impartial resolution: if the evidence is solid, let it be presented properly; if it’s not, then judges should dismiss these politicized charges and the Department of Justice should be held accountable for weaponizing the law. We will not accept a two-tier system where political enemies are hounded and political allies are protected — our republic depends on equal justice under law.
