Comey Moves to Dismiss Indictment as Vindictive

Former FBI Director James Comey has moved to dismiss the James Comey indictment, arguing in new court filings that prosecutors only brought the case after sustained public pressure from former President Donald Trump. Comey’s attorneys allege the indictment—filed just ahead of the statute of limitations—shows impermissible retaliation based on Comey’s prior criticism of Trump.

Comey pleaded not guilty earlier this month to charges of making false statements to Congress and obstructing a congressional proceeding related to his 2020 Senate testimony. In their motion, his attorneys argue the James Comey indictment followed years of public calls by Trump to prosecute Comey, and note the installation of a politically aligned interim U.S. attorney after career prosecutors objected.

According to the filing, White House aide Lindsey Halligan was appointed four days before she presented the case to a grand jury. Comey’s attorneys claim the sequence demonstrates “invidious and bad-faith motivation,” and ask the court to dismiss the case with prejudice to prevent further attempts to refile the James Comey indictment.

A separate motion challenges Halligan’s legal authority to bring the case and raises concerns about potential review of privileged communications between Comey and counsel. Prosecutors, meanwhile, have suggested Comey’s lead attorney could face disqualification, citing past disclosure issues—allegations Comey’s team disputes, citing a DOJ inspector general finding of no classified leaks.

Legal analysts note that dismissing a federal case on grounds of vindictive prosecution carries a high bar, but say the direct linkage alleged between presidential statements, personnel changes, and the timing of the grand jury action makes the James Comey indictment a notable test of that standard.

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