Comey Seeks Dismissal of Charges
Former FBI Director James Comey has requested a federal judge to throw out the criminal case against him, arguing that it represents a “retaliatory and selective prosecution.” He further claimed that U.S. Attorney Lindsay Harrigan was appointed unlawfully.
At 64, Comey is facing federal charges for allegedly lying to Congress and obstructing justice, related to the FBI’s investigation into possible collusion between President Trump’s 2016 campaign and Russian officials. He has entered a not guilty plea for both charges.
Comey’s attorney contended that the prosecution is motivated by personal reasons.
In a complaint directed at District Judge Michael Nachmanoff, Comey’s legal team emphasized that their client was targeted for prosecution due to protected speech and Trump’s animosity towards him.
The lawyers suggested that Trump “ordered” the prosecution driven by personal malice, asserting that Comey has openly criticized the president’s actions during his time in office.
“Due to the absence of a career prosecutor to implement these orders, the President compelled the resignation of the Interim United States Attorney and instructed the Attorney General to deliver ‘justice’ against Mr. Comey,” the motion read.
Additionally, they referenced a September 20 post from Trump on Truth Social, where he appeared to push Attorney General Pam Bondy to pursue various political opponents, including Comey.
“Less than 48 hours after Trump assumed office, Harrigan was sworn in as the interim U.S. attorney for this district,” the filing detailed.
Harrigan, labeled as Trump’s “newly hand-picked interim federal prosecutor,” took over for former U.S. Attorney Eric Siebert, who had secured a grand jury indictment against Comey shortly thereafter.
The submission points out the considerable criticism that Trump has directed at Comey since May 2017, when he was dismissed, highlighting a “genuine hostility” from the president. Comey’s lawyer noted that Trump had called him a “proven leaker and liar” and labeled him a “weak, false slimeball,” even suggesting he “should be prosecuted.”
While Trump’s public criticisms of Comey lessened during Biden’s presidency, Comey has expressed concerns that a potential second term for Trump could significantly affect the Justice Department and the FBI.
Comey’s attorneys acknowledged that getting federal criminal charges dismissed on such grounds is uncommon, attributing this to the Justice Department’s long-standing commitment to ethical standards in determining whether to file charges.
The charges are rooted in Comey’s testimony before the Senate Judiciary Committee on September 30, 2020, where he denied authorizing any leaks related to the Trump administration.
Republicans have pointed to discrepancies in Comey’s testimony, claiming he lied when he indicated an FBI aide publicly stated he leaked information to the media.
In a different legal motion, Comey’s team contends that Halligan’s appointment was illegal, branding the indictment as fundamentally flawed and therefore deserving of dismissal.
The filing specifies that the 120-day term for Siebert to serve as interim U.S. attorney expired on May 21. Siebert was permitted to serve beyond this period due to unanimous consent from the district’s judges.
Comey’s lawyers argue that a judge from the Eastern District of Virginia, instead of the Trump administration, should have been responsible for selecting his successor.
“Upon Siebert’s resignation on September 19, 2025, the District Court again possessed exclusive authority to appoint an interim U.S. Attorney. However, the Attorney General proceeded to appoint Harrigan without awaiting the district court’s decision, even though the 120-day window established for his appointment had elapsed,” the filing stated.
If convicted of the charges of false statements and obstruction of justice, Comey could potentially face up to five years in prison. He has maintained a not guilty stance regarding both accusations earlier this month.
