Why the Comey Case Matters Beyond Politics

James Comey went for a walk on a North Carolina beach last May, came across some seashells arranged in the sand to read ‘86 47,” took a photo, and posted it to Instagram. He deleted it after people pointed out that some interpret ‘86” as a call for violence. He said he didn’t know. He apologized. He moved on.

The Justice Department did not.

Eleven months later — after a Secret Service interview, a DHS investigation, an indictment on different charges that got thrown out because the prosecutor was unlawfully appointed, and then a second grand jury — Comey was finally indicted again in an entirely different jurisdiction. This time for the seashells. Two felony counts. Up to ten years each, in theory.

criminal case

Why Criminal Cases Are About More Than Guilt or Innocence

Many people have many opinions about James Comey and at one time or another they’ve probably all been true. But this is not really about Comey. It is about something that happens in every criminal jurisdiction in the country, at every level, constantly, to people we’ve never heard of because they don’t have book deals or almost immediate access to a half-dozen chairs on morning TV news shows.

When the system wants you — for whatever reason — it can and will probably get you, inasmuch as you are arrested. Because, as we’ve written often enough, the process is part of the punishment. In some cases, it is the punishment. It will surely be the punishment in the Comey matter.

How do we know that? Because Acting Attorney General Todd Blanche has been on television repeatedly, openly describing the limits of his own case. When asked whether people buying or selling the ‘86/47” merchandise that is all over eBay and Amazon need to worry about prosecution, he said “of course not.” Repeatedly. Meanwhile the man he indicted faces two felony counts for picking up someone else’s seashells.

The Most Difficult Part of a Criminal Case Happens Before Trial

Comey — himself a lawyer and former federal prosecutor — hired a prominent criminal attorney and, while appearing on morning news shows every week, has gone completely silent about the case itself. He discusses the politics he thinks are driving it. Nothing about the evidence.

As a former prosecutor, Comey knows exactly what happens to defendants who talk.

There is a version of this story where his defenders say he should stand up and fight — announce to the world that this is wrong, that it’s political, that there’s no real evidence. And he would be correct. But being right as a defendant in a criminal case has very little to do with what happens next in a courtroom. Courts are not in the business of vindicating the people who were most correct about their rights. They are in the business of processing cases.

The time to get on your high horse — to announce that you know your rights, that this is unconstitutional, that you did nothing wrong, that it’s a vendetta, that there’s no evidence — passed the moment the police asked to talk to you. From that moment on, nothing you say can help. Everything you say can only hurt you.

How Criminal Charges Become Punishment Before Conviction

Comey will probably be fine. The case will likely collapse the way the first one did — quietly, on a procedural motion, with a press release nobody reads. The prosecutor who put their name on this one may not be so lucky.

But fine takes time. Fine costs money. Fine means living under a federal indictment while your attorney files motions and the government decides whether to keep going or find a softer way to lose.

The process is already doing its work — regardless of how it ends.

That is the part that never makes the morning shows. Not the outcome. The interval. The months between the indictment and the resolution, when everything is pending and nothing is certain and the meter is running. Time. Money. Sleep. Stability. Reputation. Employment. The system begins extracting payment long before any finding of fact, and most of that extraction is never recovered no matter how the case resolves.

This is not accidental. It is systemic. And it is not limited to former FBI directors.

Why Early Criminal Defense Strategy Matters

Most people who end up in that interval are not former federal prosecutors. They do not have a prominent criminal attorney on speed dial or a publicist managing the optics. They have a situation that moved faster than they expected and a strong instinct to explain themselves to anyone who will listen.

That instinct is understandable. It is also dangerous.

The system is built around forward momentum. Cases do not slow or stop unless forced to. No one is going to call you with good news. No one inside the machinery is going to pump the brakes because the case seems thin or the politics seem obvious. The file moves forward. The conditions accumulate. The pressure mounts. And the longer it goes without experienced counsel actively managing it, the more damage the interval does.

Why Staying Silent Is Often the Best Legal Strategy

Don’t talk. Get a lawyer. Let them do the talking — in court, on the record, where it actually matters.

Everything else is noise that can be used against you later. The explanation to the officer at the scene. The call to a family member from the holding cell. The text that seemed harmless. The interview you gave because you thought transparency would help. None of it helps. All of it becomes material.

Comey knows this. He spent decades on the other side of it. He is now very quietly doing exactly what any competent defense attorney would tell any client to do: let the lawyers handle it and say nothing publicly about the case itself.

That’s the lesson. It applies at every level, in every jurisdiction, whether the charge is seashells or assault or DUI. The process starts the moment the system turns its attention toward you. What you do in the first hours shapes everything that follows.

Frequently Asked Questions

Why do defense attorneys tell clients not to talk about their case?
Anything said to police, friends, family members, or online can later become evidence. Even statements meant to explain innocence can create inconsistencies or give prosecutors material to use later in court.
Can criminal charges affect your life even before a conviction?
Yes. Criminal cases often create financial pressure, stress, employment problems, travel restrictions, and reputational harm long before any trial or resolution takes place.
What does it mean when lawyers say “the process is the punishment”?
It refers to the reality that criminal cases can impose serious burdens through court appearances, legal costs, public exposure, and uncertainty even if the charges are eventually dismissed.
Why is early legal representation important in a criminal case?
Early representation allows a defense attorney to control communication, challenge conditions, preserve evidence, and prevent mistakes that can make the case harder to defend later.
Should you explain yourself to police if you know you did nothing wrong?
In most situations, no. Investigators may interpret statements differently than intended, and innocent explanations can still be used to support a prosecution theory. Speaking with a lawyer first is usually the safer approach.

Facing Criminal Charges in Washington State? Your First Call Matters

At Knauss Law, we understand exactly how the system’s momentum works — and how to get in front of it before it hardens into something harder to fight. The earlier we are involved, the more options exist.

If you’ve been arrested, questioned, or believe you may be under investigation in Washington State, contact Knauss Law today. Don’t explain yourself to anyone else first. That conversation can wait. This one can’t.

Matthew Knauss is a criminal defense attorney in Washington State. He represents clients facing DUI, assault, domestic violence, and related charges throughout the Greater Seattle area.