Attorneys for former FBI Director James Comey filed two motions Monday seeking to dismiss his criminal case, accusing the Trump administration of a “vindictive and selective” prosecution driven by political retaliation. In a 50-page filing, Comey’s lawyers argued the indictment represents “an egregious abuse of power” and should be dismissed “with prejudice.”
The motion details years of conflict between President Trump and Comey, whom Trump fired in 2017 during his first term, and claims the Justice Department pursued charges “because of personal spite” after Trump returned to office. The filing alleges that when career prosecutors refused to indict, Trump “forced the interim U.S. attorney to resign” and directed Attorney General Pam Bondi to ensure Comey’s prosecution.
A second motion challenges the legality of Lindsey Halligan’s appointment as interim U.S. Attorney for the Eastern District of Virginia, asserting that her installation, just three days before the indictment, was unconstitutional. Comey’s attorneys argue the indictment is therefore invalid and must be thrown out “to deter the government’s willfully unlawful conduct.”
