The Lawfare Podcast Lawfare Daily: The Trials of the Trump Administration, May 1
May 4, 2026
Nicholas Bednar, Lawfare contributing editor and University of Minnesota scholar specializing in civil-service and constitutional law, joins to unpack high-stakes litigation around the Comeys. He breaks down Judge Furman’s venue ruling, Article II removal theories, and limits on presidential removal power. The conversation also covers grand jury issues, anticipated pretrial motions, and related Trump-administration legal skirmishes.
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Defensive Playbook For The Seashells Indictment
- Expect rapid motions: as-applied First Amendment, selective/vindictive prosecution, and grand jury transcript disclosure.
- Anna Bower advises the defense may lead with First Amendment and then seek grand jury minutes to support outrageous-conduct claims.
Retroactive Classification Could Be Weak Basis For New Case
- A potential third Comey prosecution would hinge on retroactive classification of a single word (a country name) in memos he shared with Dan Richman.
- Anna Bower and Benjamin Wittes recall prior IG review and Bill Barr declined prosecution earlier.
Court Rejects Broad Article II Acting Appointments
- Judge Leon found Peter Morocco unlawfully served at the African Development Foundation and ordered restoration of employees' access.
- Leon rejected a sweeping Article II appointment theory and held Vacancies Act didn't authorize Morocco's appointment.