Former FBI Director James Comey has formally requested a federal judge to dismiss the criminal charges against him, claiming he is the victim of selective prosecution driven by personal animosity from President Donald Trump. Comey’s lawyers argue that Trump’s repeated public attacks on Comey, including a 20 September Truth Social post calling for his prosecution, demonstrate clear political bias motivating the charges.
James Comey faces two counts: making false statements and obstructing a congressional proceeding, related to his 2020 testimony about unauthorized leaks at the FBI. His defense highlights mischaracterizations in the indictment, noting that the question Comey was accused of lying about involved former deputy FBI director Andrew McCabe, not the person named in the charges, Daniel Richman.
James Comey
Further, Comey’s team challenges the legitimacy of the prosecution, pointing out that career prosecutors initially found no grounds for charges but were replaced by Lindsey Halligan, a White House appointee who lacked proper legal appointment authority. This, they argue, violates constitutional and statutory requirements, rendering the indictment void.
James Comey attorneys emphasize that the prosecution is a “vindictive and selective” effort aligned with Trump’s personal vendetta against Comey for his earlier criticisms. They seek dismissal “with prejudice,” meaning the charges cannot be refiled, and highlight the need to protect due process and prevent abuse of prosecutorial power.
A hearing on these motions is set for November 19, where the government will need to justify the indictment amid allegations of an “egregious abuse of power” and “constitutional breaches”.
