Former FBI Director James Comey has asked a federal judge to toss out the criminal case against him, arguing he is the target of a “vindictive” and politically motivated prosecution driven by President Donald Trump’s personal grudge.
Comey, who was indicted last month for allegedly lying to Congress and obstructing a congressional investigation into the FBI’s handling of the Russia probe, filed a motion Monday to dismiss the charges. His legal team argued the indictment stems not from criminal conduct, but from his outspoken criticism of Trump.
“The government has singled out Mr. Comey for prosecution because of his protected speech and because of President Trump’s personal animus,” his attorneys wrote. “Such a vindictive and selective prosecution violates the First Amendment, the Due Process Clause, and equal protection principles.”
The charges stem from Comey’s 2017 testimony to Congress in which he denied authorizing a close associate—identified in the indictment as “Person 3”—to leak information to the media. Comey’s filing confirmed the individual was Columbia Law School Professor Daniel Richman, a longtime friend. Prosecutors allege Comey’s statements were false and that he did, in fact, greenlight the leaks.
Comey pleaded not guilty on October 8.
His defense team claims the indictment misrepresents what Comey actually said under oath, and they point to public statements made by Trump as proof the prosecution is being driven by politics.
In a Truth Social post on September 25, Trump celebrated the indictment:
“JUSTICE IN AMERICA! One of the worst human beings this Country has ever been exposed to is James Comey… He has been so bad for our Country, for so long, and is now at the beginning of being held responsible for his crimes against our Nation.”
The Department of Justice has pushed back, not only defending the charges but also raising concerns about Comey’s legal representation. Federal prosecutors suggested Comey’s lead attorney, Patrick Fitzgerald, could be disqualified due to a potential conflict of interest—alleging he may have been involved in Comey’s press strategy before his 2017 firing by Trump.
“Based on publicly disclosed information, the defendant used current lead defense counsel to improperly disclose classified information,” the DOJ said Sunday.
Fitzgerald has denied the allegation, insisting neither he nor Comey ever leaked classified material.
The case is being heard in the Eastern District of Virginia, with a trial scheduled for January 5. If convicted, Comey could face prison time for obstructing Congress and making false statements—charges that carry serious penalties under federal law.
The post Comey Tries to Dismiss Charges, Claims Trump Is Using DOJ for Political Payback appeared first on Real News Now.
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