With Cheese, On Rye

It was not "lawfare." Invoking the term "lawfare" virtually no one used until MAGAts popularized it because no one understands it does not an argument make. And there were 91 indictments obtained against Donald J. Trump because his behavior warranted 91 indictments. However, there is an even more significant error made here.

I’m not a big fan of the Comey indictment, but if he did nothing wrong a jury will clear him.

But to all the people setting their hair on fire about weaponizing the Justice Department to go after political enemies, show me your posts decrying the lawfare and ANY of the 91…

— Marc Thiessen 🇺🇸❤️🇺🇦🇹🇼🇮🇱 (@marcthiessen) September 26, 2025

James Comey will get vocal support from the left and those in the middle and on the right who still believe in the rule of law and justice.  Further, he is very well off and can afford a gaggle of lawyers to defend himself against political persecution.

Others can't, however. And "others" there is doing a lot of work, to the tune of the vast majority of Americans who are indicted, even the vast majority of Americans who actually are guilty of the charges pressed against them. Some are fortunate enough to have the state opt for a preliminary hearing but most face a grand jury because prosecutors are not stupid. As is typical (with some variation) in the USA, in New Jersey a grand jury

consists of 23 regular citizens, much like a courtroom jury consists of 12 of your peers. The grand jurors hear evidence for and against you regarding your criminal charge. The 23 members then determine whether enough probable cause exists to formally indict you of a criminal offense. You do not need to be present at the grand jury proceedings. In fact, it’s rare for defendants to attend this part of the legal process.

The members of the grand jury and the county prosecutor are the only ones present at this meeting. Grand jury presentation does not occur in a courtroom either. Your criminal defense attorney will not be there nor will a judge. The prosecutor represents the state of New Jersey and presents evidence to determine whether probable cause exists to move forward with issuing an indictment in your name.

The state must receive a majority vote from the 23 members of the grand jury to proceed with an indictment.

Moreover

The set-up of grand jury proceedings makes it easy for the county prosecutor to argue for probable cause whether there’s evidence against your criminal charge or not. Finally, grand jury proceedings are secret. That means neither you nor your criminal defense attorney are privy to why the members of the grand jury opted for indictment.

In New Jersey, a pre-indictment conference will be held which, if unsuccessful in resolving the matter, will yield to a grand jury proceeding. many states, the prosecutor may opt for a preliminary hearing, which would involve both the judge and the defendant's lawyer.

In either case, once the office of a prosecutor or district attorney decides to proceed with a case, the state holds virtually all the cards. If the government (state, county, or municipal) decides to indict an individual, he almost certainly will be indicted.

That resulted in the maxim, expressed in 1985 by the then-chief justice of New York State's Supreme Court, "any good prosecutor can get a grand jury to indict a ham sandwich." A critical point, but he pulled his punches- in most jurisdictions, the "good" is not necessary. Not surprisingly

According to a U.S. Department of Justice study, "Grand juries are notorious for being ‘rubberstamps' for the prosecutor for virtually all routine criminal matters." (McDonald, William F., Plea Bargaining: Critical Issues and Common Practices (1985).) It's also suggested that grand juries rubber stamp prosecutors' charges because grand jurors are not adept at evaluating evidence like judges are—making it easier to convince a grand jury than a judge that the defendant should stand for trial.

And so Mark Thiessen's idiocy, far more likely his disingenuousness, "if he (Comey) did nothing wrong a jury will clear him."  It also is absurd, because jurors, like human beings, are not perfect and make mistakes.

However, the greater problem is that almost any prosecutor can obtain an indictment against any individual or ham sandwich. Throughout the country, in most cases, the defendant therefore must effectively plead guilty because he (occasionally, she) will not have the time or money to go through a trial. 

An individual typically will not be able to pay for a private attorney to defend him. (A court-assigned attorney may be available. Good luck finding one who is neither politically compromised, inefficient, or overworked.) Even if he does, he may not be able to set aside the time for the court appearances (plural)- the case will demand while counting on the generosity of his employer.

Usually, this: if indictment, the defendant will, one way or another, be found guilty, whether he committed the offense or not.

This is something rarely mentioned on cable news telecasts. It might have been conceded, presumably by a liberal or progressive defense attorney or ex-defense attorney, five years ago. There was such outrage over treatment of black suspects because of (perceived or real) racism. However, even then, the legal community, in an informal, unspoken conspiracy, said nothing. 

It's the structure in which they work and they were not about to question the basic, foundational injustice of that criminal justice system. Race was a much sexier- and safer- problem for them to invoke. Now, after Donald Trump has been elected President for a second time and the tea leaves read, the issue of racism is strategically avoided and the underlying unfairness of the system continues to be ignored.

With President Trump reigning supreme and determined to make his self-identification of "King of America" a reality, James Comey is his first victim. In the criminal justice system, the cliche "innocent until proven guilty" means little to nothing. 

Though the former FBI director, has been indicted, there is a good chance the case will be dismissed before it reaches trial. If it does go to a jury, it is probable there will be a not guilty verdict. Nonetheless, Donald has made at least part of his point, a warning that critics must keep silent or else.  And there will be other indictments against individuals who dare to question Trump because, well, there are a lot of ham sandwiches.

Bondi: A very liberal grand jury in one of the most liberal jurisdictions in the country just indicted James Comey. We know of course we have to go to trial and we will have a great trial team and everybody of course is innocent until proven guilty. We are going to trial in this… pic.twitter.com/gb52CpamfP

— Acyn (@Acyn) September 27, 2025

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