Cunningham's Counsel Corner

The James Comey indictment may be many things politically, constitutionally, or institutionally controversial, but (as much as some lawyers may want) that does not make it a Rule 3.8 ethics violation by the prosecutors.

ABA Model Rule 3.8(a) (and North Carolina's exact copy of Rule 3.8(a)) is not a general anti-politics rule. It does not say a prosecutor violates the Rules if a charging decision is unpopular, high-profile, politically useful, or even arguably motivated by political considerations. The Rule says the prosecutor must “refrain from prosecuting a charge that the ...