Howard Cooper, Benjamin Wish, Joseph Cacace and Josh Launer File Amicus Brief on Behalf of Bipartisan Former Federal Judges and Former U.S. Attorneys in United States v. James B. Comey, Jr. Case
Todd & Weld LLP, together with co-counsel Beins, Axelrod & Keating, P.C. and the Democracy Defenders Fund, filed an amicus curiae brief in the United States District Court for the Eastern District of Virginia on behalf of a bipartisan group of former federal judges and former United States Attorneys appointed by presidents of both major political parties.
The brief, submitted in support of former FBI Director James B. Comey, Jr.’s motion to dismiss in United States v. James B. Comey, Jr., addresses critical constitutional and structural concerns related to the appointment of United States Attorneys and the importance of maintaining prosecutorial neutrality and independence from political influence in order to preserve the integrity of the criminal justice system.
The amici emphasize that the independence of federal prosecutors is essential to the fair administration of justice and to the judiciary’s ability to ensure that cases are prosecuted “in a rigorously disinterested fashion,” quoting the U.S. Supreme Court’s decision in Young v. United States ex rel. Vuitton et Fils S.A., 481 U.S. 787, 810 (1987). The brief also cites historical guidance from former U.S. Attorneys General underscoring that the Department of Justice must operate as a neutral institution, free from political or personal influence.
The bipartisan amici include former federal District Court judges, Magistrate Judges, and U.S. Attorneys from across the country who collectively have decades of experience overseeing and administering the federal criminal justice system. They submitted the brief to assist the court in evaluating questions concerning prosecutorial neutrality, separation of powers, and the structural safeguards established by the U.S. Constitution.
The Todd & Weld attorneys participating in the filing are Howard M. Cooper, Benjamin J. Wish, Joseph M. Cacace, and Josh L. Launer.