Democrats on Capitol Hill have made impassioned floor speeches, previewed legislative action and expressed outrage on social media in the wake of the controversial indictment of former FBI Director James B. Comey.
But since the indictment last week, they have found themselves in a familiar position: Having little political power to force immediate changes, and few tactics to hold the Justice Department to account.
Saddled with that dynamic, Democrats have sought to publicly appeal to congressional Republicans, many of whom have either cheered on the criminal charges against Comey or avoided weighing in on it.
Sen. Christopher S. Murphy of Connecticut was among several Democrats who in floor speeches Monday pointed to the Comey indictment among other actions to say the Trump administration is lawless — and asked Republicans to stand up to it in connection with the shutdown showdown.
Murphy said his Republican colleagues know why Comey, as well as California Democratic Sen. Adam B. Schiff and billionaire financier George Soros, are being targeted. “They know that the president just picked the people that give him the hardest time and told his folks to come up with charges,” Murphy said.
“The majority party has an obligation to honor and fight for a basic set of protections for our democracy, and when it doesn’t, it really stops being a good-faith negotiating partner,” Murphy said.
“How do Republicans expect us to vote for a budget that funds a government that is lawlessly pursuing Democrats, that is arresting and harassing our members and our allies, that is deploying the Army and masked officers to our cities?” Murphy said.
Sen. Richard Blumenthal of Connecticut mentioned the Comey indictment as among reasons why “this administration is beyond shame when it comes to lawlessness,” and said Democrats are insisting there is “a guarantee that the president will follow the law when we pass a budget.”
“It is not a hypothetical danger that he will disobey it. In fact, he has ordered rescissions, impoundments, clawbacks. If we pass a law, we have to be sure the president will follow it. Otherwise, there really isn’t any point to this branch of government,” Blumenthal said.
“And so I say to my Republican colleagues, as a matter of your self-respect, as a matter of protecting this institution, you should agree with us that there must be a guarantee that the rule of law will prevail,” Blumenthal said.
The indictment of Comey has drawn a firestorm of criticism from Democratic lawmakers who argue the charges are a dangerous sign of the Trump administration wielding the power of the federal government to prosecute a political enemy.
In general, Republicans on Capitol Hill have signaled support for the charges or have not commented on the indictment.
Senate Judiciary Chairman Charles E. Grassley, R-Iowa, said in a statement following the indictment that Comey should be held accountable if “the facts and the evidence support the finding that Comey lied to Congress and obstructed our work.”
A federal grand jury last week indicted Comey on charges he lied to Congress and obstructed a congressional proceeding, days after Trump demanded that the Department of Justice prosecute him.
The indictment came days after the Justice Department replaced Erik Siebert, who was leading the U.S. attorney’s office for the Eastern District of Virginia, with White House aide Lindsey Halligan. Trump took credit for pushing out Siebert.
Rep. Dan Goldman, D-N.Y., and Blumenthal rolled out a framework for new legislation they argue would implement guardrails aimed at preventing the executive branch from improperly using the justice system to go after political opponents.
The legislation, according to a one-page bill description, would require prosecutors to present exculpatory evidence to a grand jury and strengthen judges’ capacity to scrutinize grand jury evidence when there’s been improper political considerations.
It would also prohibit the White House from instructing the Justice Department on charging or investigative decisions when it comes to individual criminal cases, according to the bill description.
Such a measure would be unable to pass Congress without Republican support.
Sen. Josh Hawley, R-Mo., said Democrats were “wrong messengers” on the topic of political prosecutions, pointing to actions taken under the Biden administration.
“This is CYA on the part of Democrats who for the last four years engaged in the worst abuses of executive power in the history of this country — literally, in the history of this country,” Hawley said.
“I’m sorry but these people, not one of them has any credibility on this issue, whatsoever,” Hawley said. “And frankly, I can’t believe that they have the audacity to talk about it.”
Sen. Lindsey Graham, R-S.C., indicated no interest in backing the measure previewed by Democrats.
“I don’t pay them any attention,” said Graham, who referenced former special counsel John L. “Jack” Smith, who brought criminal charges against Trump. He called Smith the “ultimate political prosecutor.”
Graham also referenced a state-level case in Manhattan in which Trump was found guilty on charges of falsifying business records, a prosecution and verdict castigated by congressional Republicans as overtly political.
“Where were they when that stuff was done?” he said of Democrats.
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