Leading Democracy Scholars and Experts Warn Comey Prosecution Threatens Rule of Law

WASHINGTON — More than a dozen democracy scholars and experts, represented by the States United Democracy Center and Joshua Erlich, filed an amicus brief in United States v. Comey, a case before the U.S. District Court for the Eastern District of Virginia. The group calls for the case to be dismissed, warning that the political motivation behind the Justice Department’s prosecution of former FBI Director James B. Comey, Jr. is a symptom of a weakening democracy and a threat to the rule of law.

“It’s critical the court and the American people see the bigger picture here,” said Joanna Lydgate, CEO of the States United Democracy Center. “As these distinguished scholars and experts make clear, our democracy depends on a justice system that operates free from political interference. When a president uses the justice system to punish his political opponents, it’s not just a threat to one person—it’s a threat to democracy itself.”

The brief is supported by an ideologically diverse group of experts who study countries’ shifts from democracy to autocracy. It explains that, historically, backsliding democracies and autocratic governments seek to increase their power by undermining the independence of law enforcement and the judiciary, punishing political enemies, and eroding the rule of law. The group sounds the alarm on similar patterns appearing in the United States through the Trump administration’s improper influence over the Justice Department’s prosecution of Comey and other political opponents.

Signatories on the brief: Javier Corrales, Larry Diamond, David M. Driesen, Francis Fukuyama, Gábor Halmai, Aziz Z. Huq, Rachel Kleinfeld, Steven Levitsky, Maria Popova, Stephen Richer, Dalibor Rohac, Susan Stokes, and Lucan Way. Additional information on their backgrounds and expertise is available here.

“Time and again, the courts have stepped in to stop unlawful and dangerous actions by this administration—and we urge them to do so again now,” said Mai Ratakonda, Senior Counsel at the States United Democracy Center. “While there is a high bar to prove that a prosecution is politically-motivated, these experts lay out a clear and powerful argument about the potential descent into autocracy we are facing in this country and why this prosecution requires the courts to shut down this abuse of power.”

Key excerpts from the brief:

“The way in which a government seizes control over prosecutors varies based on the structure and traditions of a country’s justice system, but the loss of these institutions’ independence and the leader’s ensuing abuse of them invariably damages the rule of law.”

“As we have seen in the countries we study, the misuse of the justice system to punish political adversaries undermines the rule of law and damages democratic governance. It can intimidate the individual targeted for prosecution and deter others from voicing disagreement with those in power. It is calculated to diminish the power of political opponents and opposition parties, thereby strengthening the autocratic leader. It also erodes public trust in the justice system and saps popular will to participate in politics.”

“Because autocratic legalists cloak their actions in the legitimacy of law and previously trusted institutions, the descent into autocracy can be hard to stop. Yet the ability to recognize the risks posed by politicized prosecutions like this one is vital, especially as they usually foretell a pattern of similar actions to come.”

A summary of the amicus brief is available here.

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About the States United Democracy Center

States United is a nonpartisan 501(c)(3) organization dedicated to the rule of law and free, fair, secure elections. We provide direct support to state officials and law enforcement leaders as they uphold the law and our system of checks and balances, protect public safety, defend elections, and preserve our democracy. For more information, visit statesunited.org.