Comey CANNOT prosecute anyone. He can investigate them and present evidence or information of the commission of a possible crime to the District Attorney or US Attorney who then can either dismiss it as not enough to work with, or decide it is enough to empanel a ‘grand jury’ to view it. They would decide whether it was enough to “indict” and would pass this on to a DA or USA.
Normally a DA or USA would “charge” the person(s) that a grand jury found there was enough information/evidence that they committed a crime.
If a fix is in, then it is another game.
Same for a few judges who might have the power to deny a trial based on their views of the charging documents. Most judges would set a trial date, have a jury picked, and then start the trial.
However, this is the America of Obama, Holder, and Lynch (Comey) so all bets are off the table.
What a sad state of affairs our country has been deceived and led into.