Former FBI Director James Comey is asking a federal judge to dismiss the criminal charges against him, arguing that President Donald Trump’s Justice Department is pursuing him for political and personal reasons rather than legitimate legal grounds.
In a 51-page motion filed Monday, Comey’s legal team said the prosecution violates his constitutional rights by punishing him for publicly criticizing the President.
“President Trump ordered the Department of Justice to prosecute Mr. Comey because of personal spite and because Mr. Comey has frequently criticized the President for his conduct in office,” wrote Comey’s attorney Jessica Carmichael.
Comey, who was fired by Trump as FBI director in 2017, pleaded not guilty earlier this month to false statements and obstruction charges related to his 2020 Senate testimony before Sen. Ted Cruz (R-Texas) about internal FBI leaks. His trial is scheduled to begin January 5 in federal court in Alexandria, Virginia.
Claims of Political Retaliation and Improper Appointment
Comey’s motion argues that the charges stem not from evidence, but from a personal vendetta directed by the President. His attorneys also challenge the appointment of Lindsey Halligan, Trump’s handpicked interim U.S. attorney for the Eastern District of Virginia, who oversaw the grand jury that indicted him.
Halligan, a former Trump White House aide with no prior prosecutorial experience, replaced Erik Siebert, who resigned after reportedly resisting pressure to indict Comey before the statute of limitations expired.
“The United States cannot charge, maintain, and prosecute a case through an official who has no entitlement to exercise governmental authority,” the motion argues, calling the indictment “a nullity.”
Comey’s legal team contends that Halligan’s appointment and Trump’s direct calls for prosecution demonstrate a pattern of improper political interference in what should be an independent justice process.
Broader Pattern of Targeting Trump’s Critics
Comey is one of several prominent figures who have clashed with the President and now face legal scrutiny from his administration. New York Attorney General Letitia James (D), who has brought multiple civil cases against Trump, was recently indicted on bank fraud charges, while former National Security Adviser John Bolton was charged last week with mishandling classified material. All deny wrongdoing and allege political retribution.
President Trump has publicly called for prosecutions of several of his critics. Last month, he posted on social media urging Attorney General Pam Bondi to act swiftly against Comey and others.
“There is a GREAT CASE… We can’t delay any longer,” the President wrote.
Comey’s lawyers argue that these statements provide clear evidence that the President personally directed the Justice Department’s actions, turning prosecutorial discretion into a political weapon.
Legal Hurdles Ahead
The case is being overseen by U.S. District Judge Michael Nachmanoff, an appointee of former President Joe Biden. Nachmanoff has ruled that the challenge to Halligan’s appointment will be handled by an out-of-district judge selected by the appeals court, while he will hear Comey’s vindictive prosecution motion on November 19.
Comey’s lawyers acknowledge that dismissing a federal indictment on such grounds is rare. Courts generally require clear evidence that the government’s actions were motivated by political bias and that others in similar situations were not prosecuted.
“Dismissal of federal criminal charges under these doctrines has been rare,” Comey’s filing concedes. “But this case marks a sharp departure from the DOJ’s long tradition of independence and ethics.”
A Legal Mirror to Trump’s Own Arguments
Ironically, Comey’s defense mirrors arguments that President Trump himself has made in response to federal cases against him, claiming selective and vindictive prosecution.
