Federal prosecutors on Monday urged the judge overseeing James Comey’s criminal case to reject the former FBI director’s claim that he is being “vindictively” prosecuted at President Trump’s direction, filing a detailed response defending both the case and the President’s public calls for Comey’s prosecution.
The filing says Comey’s claim relies on “news reports, social media posts, and speculation,” and that he has not met the “rigorous legal standard” required to dismiss an indictment for constitutional violations. “When the rigorous legal standard is applied to the facts here, it is clear that the defendant has failed to show the Constitution requires the Court to take the extraordinary step of dismissing this case,” prosecutors wrote.
Prosecutors repeatedly defended Trump’s statements, arguing they reflect his belief that Comey is “guilty as hell,” not a desire to punish him for exercising constitutional rights.
The government said recently uncovered emails show Comey, in the days before the 2016 election, expected to work for President-elect Hillary Clinton and that senior FBI aide Dan Richman was providing anonymous information to the media. In an early November 2016 message, Comey wrote, “Well done my friend. Who knew this would. E [sic] so uh fun,” after Richman described outreach to The New York Times.
Acting U.S. Attorney Lindsey Halligan and Deputy Tyler Lemmons attached numerous emails they say show Comey knew of and encouraged Richman’s contacts. In a late-October 2016 message, Comey wrote, “Some day they will figure it out. And as [Individual 1 and Individual 2] point out, my decision will be one a president-elect Clinton will be very grateful for (although that wasn’t why I did it).”
The filing also highlighted handwritten notes found in a previously secret FBI room that prosecutors say contradict Comey’s 2020 Senate testimony, in which he said the material “doesn’t ring any bells with me” and “I don’t remember receiving anything that is described in that letter.” The notes, dated Sept. 26, 2016, read: “HRC plan to tie Trump,” the filing states.
Prosecutors suggested they may argue Comey misled Congress about whether he knew of a summer 2016 intelligence intercept alleging Clinton approved a plan to link Trump to Russia. They warned that dismissing the case pretrial would improperly encroach on executive authority, adding that the public interest in prosecuting a former FBI director who lied to Congress is “readily apparent and overwhelming.”
In a separate filing Monday, prosecutors said Comey’s team provided no direct evidence showing Halligan harbors bias against him and argued Trump’s social-media posts do not meet the legal standard for proving vindictiveness.
The filings address motions scheduled for Nov. 13 in Alexandria, Virginia, including Comey’s bid to void Halligan’s appointment. On Oct. 31, Attorney General Pam Bondi issued an order retroactively designating Halligan as U.S. Attorney for the Eastern District of Virginia and appointing her as Special Attorney as of Sept. 22, 2025, granting her authority to conduct and supervise the prosecutions in United States v. Comey and United States v. James.
Sources: ABC News / Just The News / The Gateway Pundit
