Todd Blanche, a top Department of Justice official, has publicly stated that prosecutors will not pursue charges against other individuals who spoke at an event referenced as the "86" gathering, while simultaneously prosecuting former FBI Director James Comey on related charges. Blanche made these statements during television appearances, effectively acknowledging a two-tiered approach to enforcement.
The selective prosecution claim gains additional weight from reporting that the lead prosecutor on the Comey case relied on a flawed legal theory in the indictment itself. Sources indicate the prosecutor constructed charges around a theory that legal experts have criticized as legally deficient. The same prosecutor faces allegations of bias, with reporting suggesting an apparent fixation on obtaining favor from the current administration, including mimicking mannerisms and speech patterns of a political figure central to the case.
The dual revelations raise fundamental equal protection concerns under the Fifth Amendment. The Department of Justice operates under a constitutional obligation to apply law uniformly across similarly situated individuals. When government prosecutors publicly acknowledge that identical conduct will not be prosecuted for other participants while pursuing charges against a single target, courts may view this as evidence of discriminatory intent.
The legal theory deficiency compounds the problems. A conviction built on weak legal ground faces vulnerability on appeal, particularly when coupled with evidence suggesting prosecutorial bias rather than neutral application of law. Defense counsel now has substantial ammunition for both trial challenges and appellate review.
For the broader legal system, this episode undermines prosecutorial credibility and the Department of Justice's institutional integrity. Federal prosecutors derive legitimate authority from the principle of equal justice under law. Public admissions of selective prosecution based on political considerations violate that foundational principle. If courts find that prosecutors deliberately pursued Comey while exempting others based on selective enforcement decisions, the conviction may face reversal and sanctions against prosecutors involved.
WHY IT MATTERS: Selective prosecution claims challenge the legitimacy of federal prosecutions and can result in