Attorneys representing former FBI Director James Comey have filed motions asking a federal judge to dismiss the criminal case against him, arguing that the prosecution is “vindictive” and motivated by “personal animus” from the White House. They contend the case was driven by President Trump’s desire for retribution against a perceived political adversary.
Comey’s legal team also challenged the legitimacy of the indictment on procedural grounds, claiming that the U.S. attorney who brought the charges was improperly appointed just days after being named to the post by President Trump.
The indictment accuses Comey of lying to Congress five years ago, and the motions mark the opening phase of what’s expected to be a lengthy legal battle ahead of a trial currently scheduled for January 5. In their filing, Comey’s lawyers argue that the prosecution violates constitutional protections, asserting that the case represents an abuse of government power for political purposes.
“Bedrock principles of due process and equal protection have long ensured that government officials may not use courts to punish and imprison their perceived personal and political enemies,” the defense team wrote. “But that is exactly what happened here.”
The motion further claims that the Justice Department acted out of President Trump’s alleged hostility toward Comey, who clashed with the president during his first term over the FBI’s handling of the Russia investigation. Comey was dismissed from his position in May 2017, an event that deepened the public feud between the two men.
Since then, Comey has sharply criticized President Trump, calling him unethical and likening him to a mob boss. President Trump has publicly denounced Comey as “untruthful” and repeatedly said he should face consequences for his role in the Russia inquiry. Comey’s defense team argues that the case constitutes a “vindictive and selective prosecution,” violating multiple constitutional provisions, and should therefore be thrown out.