The Comey indictment is so weak even some in right-wing media aren’t buying it

Fox contributor Andrew McCarthy: “It seems to be premised on something that is not true”

Written by Media Matters Staff

Published

Prominent right-wing media figures reacted to the Department of Justice’s indictment of former FBI Director James Comey by calling it weak, underwhelming, and unlikely to survive in court. 

President Donald Trump and his right-wing media allies have long called for retribution against his perceived enemies, including Comey, and the new indictment is a notable escalation in his campaign to remake the Justice Department into his administration’s attack dog. It also comes after Trump forced out the U.S. attorney overseeing the Comey investigations for “raising concerns that there was insufficient evidence to indict”; his replacement signed the indictment. But for all of MAGA world’s fantasies about punishing their enemies, Trump’s broadside against Comey has landed with a thud.

  • Fox contributor Andrew McCarthy said of the Comey indictment: “I don't think there's a case. ... It seems to be premised on something that is not true." He added: “I think this judge should throw the case out.” [Fox Business, Mornings With Maria Bartiromo, 9/26/25] 
  • On a separate program, McCarthy reiterated his doubts, saying, “I don't think this case even gets to trial.” Fox News contributor Kim Strassel said it was “potentially a problematic prosecution.” [Fox News, America’s Newsroom, 9/26/25]  
  • On Newsmax, former Trump lawyer Alan Dershowitz said the indictment of James Comey “is not a slam dunk case.” [Newsmax, Greg Kelly Reports, 9/25/26]
  • Right-wing podcast host Megyn Kelly said the Comey indictment is so lean it’s like it was “shot up with Ozempic.” [SiriusXM, The Megyn Kelly Show, 9/26/25]
  • The Daily Wire’s Ben Shapiro said: “It appears … that this isn't a particularly well-predicated indictment, that the indictment itself is quite weak, and that it's unlikely to survive in court.” [The Daily Wire, The Ben Shapiro Show, 9/26/25]
  • Conservative writer John Solomon called it the “thinnest-worded” indictment he had “ever seen as a reporter.” He said he was “shocked by the leanness” but argued that “we’re gonna get more details next week,” such as potentially “​​an FBI affidavit in support of it.” [SiriusXM, The Megyn Kelly Show, 9/26/25]
  • “Stop the Steal” organizer Ali Alexander: “Comey will not go to jail.” He also shared messages claiming the indictment “will go nowhere” and is a “pathetic attempt to appease Trump.” [Telegram, 9/25/25; Huffington Post, 3/7/21]