Why the FBI is preparing a 'perp walk' for Comey [View all]

With flimsy charges against Comey, the chance to humiliate the former FBI chief may be Trump’s only win.

By Barbara McQuade / Bloomberg Opinion

The made-for-TV Trump administration appears to be gearing up to air its latest episode.

CBS News reports that the FBI is planning to subject James Comey to a “perp walk,” parading him before cameras in an exercise meant to publicly humiliate him. Not only would a staged arrest violate Justice Department policy, but it would also further undermine the legitimacy of what was once considered the world’s greatest law enforcement agency.

According to the report, the FBI is considering making a “showy” arrest of its former director, who was indicted Sept. 25 for allegedly lying to Congress in 2020, and is scheduled to appear in court on Thursday. CBS also reported that a source revealed that FBI leadership had requested “large, beefy” agents to arrest Comey “in full kit,” complete with Kevlar vests and other garments bearing the letters “FBI.” The source further reported that a supervisor in the Violent Crimes Division of the Washington Field Office refused to assemble agents for the stunt and was suspended for insubordination.

I know from my experience as a federal prosecutor that arrests are often necessary in criminal cases. When a defendant is a flight risk or poses a danger to the community, an arrest is essential. No one would allow an operational terrorist or a subject with substantial ties overseas to self-report. In addition, an arrest is sometimes required when an investigation has been covert and agents want to avoid the risk that the subject will destroy evidence before a search warrant can be executed. An arrest might also be appropriate when agents want to question a defendant who might be inclined to waive their Miranda rights against self-incrimination. Of course, none of those circumstances apply in this case, where Comey has already been indicted. In most white-collar crime cases, defendants are allowed to self-surrender to reserve FBI personnel for other matters. Moreover, the FBI seeks to protect agents and members of the public from the dangers that can arise when a defendant or onlooker panics during a surprise arrest.

https://www.heraldnet.com/opinion/comment-why-the-fbi-is-preparing-a-perp-walk-for-comey/