Former FBI Director James Comey is hoping to get the indictment against him dismissed by proving President Donald Trump is on a vindictive quest to send him to prison. Easy enough, right?
In a 51-page filing Monday, Comey’s legal team called for the government’s charges against the former Trump ally to be dismissed because of the president’s “vindictive animus.” Last month, the former FBI director was charged with lying to Congress regarding his testimony to Senator Ted Cruz in a 2020 Senate Judiciary Committee hearing.
“Such a vindictive and selective prosecution violates the First Amendment, Due Process Clause, and equal protection principles,” the filing stated, noting that the case should be dismissed “with prejudice,” meaning that the verdict could not be appealed by the government.
The filing evoked the laundry list of times that Trump had made public statements attacking Comey since he was ousted from FBI leadership in 2017. Since then, Comey has openly criticized Trump during the 2020 and 2024 presidential elections, writing in his memoir that Trump was “unethical, and untethered to truth and institutional values.”
“In response to Mr. Comey’s protected speech, President Trump has resorted to personal attacks and calls to retaliate against Mr. Comey through punishment and imprisonment,” the filing stated. Comey’s legal team wrote there was “objective evidence” that Trump harbored genuine animus toward their client, based on the president’s clear “personal bias.”
As recently as September, Trump mistakenly posted on social media a private message to Attorney General Pam Bondi directing Comey’s prosecution, and the president has all but admitted his direct involvement in the proceedings. Not to mention that Comey’s name appeared on the “enemies list” penned by Trump’s new FBI Director Kash Patel. In any case, Trump’s hatred for Comey has been long-standing and well documented.
In a second filing Monday, Comey’s attorneys argued that the case should be nullified because Lindsey Halligan, Trump’s former personal lawyer, whom he recently installed as the interim U.S. attorney for the Eastern District of Virginia, had been “defectively” appointed.
“The United States cannot charge, maintain, and prosecute a case through an official who has no entitlement to exercise governmental authority,” the motion said.
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