
A senior federal prosecutor was fired for refusing to pursue a politically charged case against former FBI Director James Comey, exposing the dangerous erosion of prosecutorial independence under partisan pressure.
Story Summary
- Robert McBride, No. 2 prosecutor in Virginia’s Eastern District, fired January 12 for declining to lead Comey prosecution
- Career prosecutor cited workload concerns and held unauthorized meetings with federal judges
- Comey case previously dismissed by federal judge who ruled the prosecutor’s appointment unlawful
- DOJ leadership supported the firing amid broader loyalty tests for career prosecutors
Career Prosecutor Ousted Over Case Refusal
Robert McBride, the first assistant U.S. Attorney in Virginia’s Eastern District, lost his position after declining to spearhead a renewed prosecution effort against James Comey. McBride, a career prosecutor with Navy JAG Corps experience, told superiors he couldn’t manage both the controversial case and his regular office duties.
The January 12 firing came with full backing from the Attorney General, Deputy AG, and Executive Office of U.S. Attorneys, signaling coordinated action from DOJ leadership.
🚨 BREAKING: The Trump DOJ has FIRED the Virginia prosecutor who refused to lead the prosecution of disgraced former FBI Director James Comey – MS NOW
GREAT, purge every Deep State prosecutor and start holding the swamp accountable. LOCK HIM UP! pic.twitter.com/0uO1asU2ZZ
— Eric Daugherty (@EricLDaugh) January 12, 2026
Troubled Comey Case Faces Judicial Skepticism
The prosecution stems from Comey’s September 2020 congressional testimony, where he allegedly made false statements and obstructed justice. However, the case has encountered significant legal hurdles.
Federal Judge Cameron McGowan Currie dismissed the original indictment in November 2025, ruling that interim U.S. Attorney Lindsey Halligan lacked proper authority to bring charges. The statute of limitations expired September 30, 2025, complicating any revival efforts despite ongoing DOJ appeals.
Even conservative legal observers questioned the case’s merit, with defense attorneys arguing malicious prosecution and unequal treatment. The original prosecutor who preceded Halligan had refused to bring charges, citing insufficient evidence.
Two subsequent attempts to re-indict related defendant Letitia James also failed, highlighting the case’s legal weaknesses and raising questions about prosecutorial resources being devoted to politically motivated targets.
Unauthorized Meetings Compound Disciplinary Action
Beyond refusing the Comey assignment, McBride faced additional scrutiny for conducting private meetings with federal judges without authorization. These meetings, reported by Halligan to superiors, were viewed as undermining administration authority and prosecutorial chain of command.
The combination of case refusal and unauthorized judicial contact provided DOJ leadership with multiple grounds for dismissal, though sources indicate loyalty concerns drove the decision.
The firing sends a clear message to career prosecutors about expectations for supporting administration priorities, regardless of case strength or professional judgment.
McBride’s dismissal represents a broader pattern of pressure on DOJ career staff to pursue cases against perceived political opponents, potentially chilling prosecutorial independence and professional ethics standards that have traditionally guided federal law enforcement decisions.
Sources:
CBS News – Refusal to Prosecute Comey Leads to Firing of Robert McBride
Mediaite – Trump’s DOJ Fires No. 2 Prosecutor in Virginia After He Refused to Lead Comey Case
MS Now – Trump DOJ Fires Prosecutor Who Declined to Pursue James Comey Case
Political Wire – Prosecutor Who Declined to Prosecute Comey Fired