Death Penalty Case Appropriate Against Comey, McCabe, Rosenstein...

Their alleged treason should be decided by jury with power over life and death

Former FBI Director James Comey (top right), former Deputy FBI Director Andrew McCabe (middle right) and Deputy AG Rod Rosenstein (bottom right) should all face a death penalty gurney (left). (Clockwise from top right: Alex Brandon/AP, Victoria Sarno Jordan, McNamee/Getty, Thomas Boyd/The Oregonian)

It now seems obvious that James Comey, Andrew McCabe and Rod Rosenstein committed treason. How obvious? Well, we conducted a small poll on Facebook and Twitter asking, "Has the FBI committed treason over the past two years?" And 94% answered "Yes."  (We are now conducting new polls on Facebook and Twitter asking if the death penalty should be sought against Comey, McCabe and Rosenstein.)

Meanwhile, the requirement for a federal grand jury to return an indictment is as low as 55% and at most 75%, depending on size. Further, those grand jurors only need to find that there is probable cause to believe that the accused may have committed the act for which they are to be charged -- a much lower burden of proof than beyond a reasonable doubt. 

So, the issue doesn't seem to be whether or not there should be treason charges, but how those charges should be prosecuted. I'm writing to argue that we need a special counsel to try these case(s) and that the death penalty should be sought. 

Before I go further though, in the interest of full disclosure, I should also mention that I am an Obama-era political prisoner about to begin my third year of unjust incarceration for defending the life of a young girl who was abducted, crippled, tortured and nearly killed by political allies at the DOJ and of Rod Rosentein in particular. So I may find their hypocrisy particularly distasteful. 

However, I believe that I would still feel the same way about their alleged actions and the need for a special prosecutor even if their cronies hadn't come after me. Moreover, my experience had also taught me the depths of their corruption and depravity as well as the power of their connections

Indeed, whenever the need arises to investigate higher-ups in the DOJ, the use of a special prosecutor who has been deeply vetted to avoid even the mere appearance of a possible conflict of interest should be the rule rather than the exception. This is especially true when there is reason to believe that the department's authority itself may have been misused -- as is the case here. 

Further, given the obvious influence Rosenstein's office could hold over a regular federal prosecutor, it would be unfair to ask any such U.S. attorney to bring charges against him, let alone to bring a death penalty case. Put simply, The People always deserve to be represented by a prosecutor who won't play favorites or be bullied, and if there were any case where such possibilities should be a concern, then it's this one. 

For similar reasons, it's necessary that we not only seek the death penalty here, but follow through on it if it is ordered -- no pardons, no commutations. These kinds of egregious crimes against democracy must be deterred in the future and we have executed others for comparatively far less. Thus, justice requires that when convicted, more serious traitors face death. 

Additionally, their total apparent failure to accept responsibility for their actions and indeed their continued attempt to deceive and to hold on to power demonstrate that if they are convicted, these are exactly the types of remorseless offenders for whom the death penalty has been preserved. The majority of the people here with me, many of whom have been unfairly railroaded by a crooked and rigged system administered by these potential defendants, would be among the first to pull out the world's smallest violin and play taps for them. Everyone whom I've spoken with here believes that Comey, McCabe, Rosenstein and their associates wouldn't hesitate to seek the death penalty if the roles were different and they had the opportunity to do so as part of a Hillary Clinton administration against Donald Trump supporters accused of these very same crimes. 

It's also worth considering that these federal payroll patriots might not be so brave, grandiose nor self-righteous if they found themselves facing the death penalty and the possibility of saying their last words with a noose around their necks may be only concept powerful enough for them to cooperate and give up bigger fish -- like Clinton herself. 


The author, Marty Gottesfeld is an Obama-era political prisoner. To learn more about his case or donate to support him, please go to