Copyright Newsweek
Lawyers for former FBI Director James Comey asked a federal judge Monday to dismiss the criminal case against him, calling it a “vindictive prosecution” driven by President Donald Trump’s personal animus and political vendetta. The defense argued that the charges — accusing Comey of lying to Congress — stem from an improper effort by Trump’s White House to punish one of his most outspoken critics. In court filings, Comey’s attorneys said the indictment was “motivated by personal hostility” and “an abuse of prosecutorial power” orchestrated by a president intent on retribution. They also challenged the legitimacy of the prosecutor’s appointment, asserting that the U.S. attorney who brought the case was unlawfully installed just days before the indictment. “The government has singled out Mr. Comey for prosecution because of his protected speech and because of President Trump’s personal animus,” the lawyers wrote. “Such a vindictive and selective prosecution violates the Constitution and must be dismissed.” The two-pronged attack — one targeting the motives behind the charges, the other the legality of the prosecutor’s role — marks the opening round in what is expected to be a lengthy legal battle ahead of Comey’s trial, currently set for Jan. 5. The motions focus not on the alleged false statements themselves, but on what the defense calls the extraordinary political circumstances surrounding the case. Comey, who led the FBI from 2013 until Trump fired him in 2017, became one of the former president’s most prominent critics after overseeing the early stages of the investigation into possible ties between Russia and Trump’s 2016 campaign. The two men have traded years of public insults — Comey calling Trump “unethical” and likening him to a mob boss, Trump labeling Comey “an untruthful slimeball.” Comey’s lawyers contend that the current case was sparked by Trump’s renewed pressure on the Justice Department as a statute of limitations deadline approached. They cited an October post from Trump on Truth Social in which he complained that “nothing is being done” about investigations into his political foes, specifically naming Comey, New York Attorney General Letitia James and Democratic Sen. Adam Schiff. “JUSTICE MUST BE SERVED, NOW!!!” Trump wrote. Days later, the filings note, the president abruptly replaced the U.S. attorney in the Eastern District of Virginia with Lindsey Halligan, a former White House aide and Trump personal lawyer who had no experience as a federal prosecutor. Comey was indicted shortly after Halligan took office. “The President and Attorney General appointed the President’s personal lawyer as interim U.S. Attorney in violation of a clear statutory command so that she could indict an outspoken critic,” the defense wrote. “That appointment — and the indictment that followed — are fatally flawed.” The lawyers argued that Trump’s public calls for prosecution and the rushed installation of Halligan demonstrate a direct link between the White House’s political agenda and the Justice Department’s actions. They described the case as an example of the executive branch weaponizing law enforcement to punish dissent. Though motions alleging vindictive prosecution rarely succeed, Comey’s defense laid out a detailed timeline intended to connect Trump’s pressure campaign with the filing of charges. They said the government pursued Comey “because of overt hostility to his protected speech” and to gratify Trump’s personal grievances. Prosecutors have not publicly responded to the filings, but the Justice Department has defended the integrity of the investigation, saying the charges are based on evidence, not politics. A hearing on the motions is expected later this fall. In a separate filing, prosecutors suggested that Comey’s lead attorney, Patrick Fitzgerald, a former U.S. attorney and longtime friend of Comey’s, might face a conflict of interest due to earlier involvement in matters related to Comey’s handling of classified information. Comey’s team called that accusation “provably false and defamatory.” Halligan’s appointment has also drawn legal scrutiny. A federal appeals court in Philadelphia heard arguments Monday in an unrelated case questioning the tenure of Alina Habba, another U.S. attorney with ties to Trump, raising broader questions about the administration’s reshuffling of senior federal prosecutors. Comey’s team said the court should not allow the government to proceed under such circumstances. “Bedrock principles of due process and equal protection ensure that officials may not use courts to punish and imprison their perceived political enemies,” the defense wrote. “That is exactly what happened here.” Comey has pleaded not guilty and remains free pending trial. The outcome of the dismissal motions could determine whether the case proceeds to what would be one of the most politically charged trials of Trump’s post-presidency era. This article includes reporting by the Associated Press.
