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The Prosecutor Quit. Nobody Said Why.
On May 29, 2026, the lead prosecutor in the case against former FBI Director James Comey withdrew without explanation. Matthew Petracca, the sole prosecutor from the Eastern District of North Carolina assigned to the case, was also removed from at least three other criminal cases in the days prior. NBC News reported he “contemplated leaving the Justice Department altogether.”
Career prosecutors refused the first Comey case. A judge dismissed it. Career prosecutors expressed doubts about Brennan. Political appointees filed both anyway. Now the lead prosecutor in the seashell case quit.
Petracca was described as a rookie prosecutor and former Republican county committeeman. He was replaced by AUSA Timothy Severo. The DOJ declined to comment.
The Seashell Case
On May 15, 2025, Comey posted an Instagram photo of seashells arranged to spell “86 47.” He deleted it shortly after. The DOJ charged him with threatening the president, claiming “86” is slang for eliminating someone and “47” refers to Trump. If convicted, Comey faces 10 years in prison for a social media post he deleted.
The First Amendment Encyclopedia concluded the case faces steep constitutional hurdles. The Supreme Court ruled in Counterman v. Colorado (2023) that proving a “true threat” requires demonstrating the defendant consciously disregarded a substantial risk the statement would be viewed as threatening. Comey’s immediate deletion undercuts that standard. Even Fox News reported that legal experts warn the indictment faces First Amendment problems.
The Pattern: Political Appointees File What Career Prosecutors Won’t
This is the second Comey prosecution. The first, for allegedly lying to Congress about the Russia investigation, was brought in September 2025 by interim U.S. Attorney Lindsey Halligan, a former personal attorney for Trump with no prior prosecutorial experience. Career prosecutors who led the investigation had concluded there was insufficient evidence. Halligan presented the case to the grand jury herself. A judge dismissed it in November 2025, ruling Halligan had not been lawfully appointed.
In the John Brennan investigation, the DOJ tapped Joseph diGenova, an 81-year-old Trump loyalist, as special counselor. Career prosecutor Maria Medetis Long left the case after expressing doubts about its viability. A grand jury issued roughly 30 subpoenas to former Obama-era intelligence officials.
Who Else Has Been Targeted
The DOJ under this administration has investigated, charged, or targeted:
- James Comey (former FBI Director) — two indictments, one dismissed
- John Brennan (former CIA Director) — active grand jury investigation
- James Clapper (former DNI) — subpoenaed
- Letitia James (NY AG who sued Trump) — indicted, dismissed
- E. Jean Carroll (won civil damages against Trump) — under investigation
- Adam Schiff (U.S. Senator) — investigated for insurance fraud
- Lisa Cook (Federal Reserve Governor) — investigated after Trump called for her resignation
- Mark Kelly (Senator) — military retirement grade reduced, ruled unconstitutional
- SPLC — indicted on 11 counts in April 2026
- George Soros — DOJ investigation launched at Trump’s request
Protect Democracy maintains a running tracker of retaliatory prosecutions.
The common thread is not what these people did. It is who they challenged. Career prosecutors keep walking away from these cases because the evidence is not there. Political appointees keep filing them because the point is not conviction. The point is punishment.
What you can do now
- Call your U.S. senators and demand DOJ oversight hearings on the pattern of political appointees filing cases that career prosecutors refuse to bring. The Comey, Brennan, and Letitia James cases all share this pattern. Use Resist Bot to send a message.
- Contact your U.S. representative and ask them to support legislation requiring Senate-confirmed U.S. Attorneys to approve all politically sensitive prosecutions. The first Comey indictment was brought by a former Trump personal attorney with no prosecutorial experience who was later found to be unlawfully appointed.
- Share the Protect Democracy retaliatory action tracker with your network. The DOJ has investigated, charged, or targeted at least 10 people and organizations who challenged the president, including a senator, a Federal Reserve governor, and a civil rights organization.
- Ask your senators whether they will vote to confirm DOJ nominees who lack prosecutorial experience. Lindsey Halligan had never prosecuted a case before presenting the first Comey indictment to a grand jury. Joseph diGenova, tapped for the Brennan investigation, is 81 years old and a Trump loyalist. Senate confirmation is the primary check on these appointments.