James Comey is pushing to have the criminal case against Senator Ted Cruz regarding alleged lying to Congress dismissed, citing that Cruz’s questioning was too lengthy and unclear, yet Comey’s responses were entirely truthful.
Comey’s legal team contends that his testimony, in which he stated he didn’t approve of media leaks about the investigation into Trump, was truthful and arose from Cruz’s convoluted line of questioning during a Senate Judiciary Committee session. They noted in a court filing that the indictment fails to reference the long and confusing questions that led to Comey’s answers.
Cruz has challenged Comey, requesting he retract statements made years prior and clarify comments he allegedly misattributed to former FBI Deputy Director Andrew McCabe.
The defense argued that Cruz’s questions, when considered in context, were vague and therefore shouldn’t support a claim against Comey. They highlighted that despite the ambiguous questions, Comey’s answers were literally correct.
A statement in the filing suggested that a false statement charge based on a misinterpretation of such ambiguous questioning should be dismissed.
In the indictment filed by Interim U.S. Attorney Lindsay Harrigan, Comey faces one count of making false statements to Congress and another for obstructing congressional proceedings. If found guilty, he could face up to five years in federal prison.
Comey maintains his innocence, asserting that the case against him is politically motivated, allegedly initiated by Trump as retaliation for his investigations into possible collusion between Trump’s campaign and Russia in 2016.
During the hearing in question, Cruz aimed to highlight inconsistencies in the testimonies of both Comey and McCabe across various investigations. McCabe had previously stated to the Inspector General’s Office that superiors advised him it was appropriate to share certain information with the Wall Street Journal.
This information, introduced in a 2016 article, related to the ongoing investigation into the Clinton Foundation, with discussions about the disclosure occurring the day after.
Comey’s attorneys asserted that Cruz’s questioning was less focused than that of Senator Chuck Grassley, who previously conducted a straightforward cross-examination regarding FBI leaks.
In 2020, Comey reiterated his commitment to the testimony he provided in May 2017, standing by his statements. However, the indictment claims that Comey had effectively allowed someone else to be an anonymous source regarding the FBI’s investigations.
Defense attorney Jessica Carmichael wrote that Cruz’s questions were fundamentally ambiguous, making it unclear to average individuals whether Cruz was inquiring specifically about McCabe’s interactions.
She also argued that the second count should be dismissed, as it relies on the same assertions as the first count. There are indications that a new indictment may soon follow, potentially bolstering the case against Comey.
Carmichael emphasized that the government shouldn’t judge Comey based on selective statements from a lengthy hearing without clearly identifying which ones they consider false. She pointed out that it’s unreasonable to expect an indictment to hinge on one statement given to a grand jury and then shift to another for trial.
Comey is currently out on his own recognizance and is set to appear in court again on January 5, 2026. In another filing, his team requested access to grand jury proceedings and video clips of Cruz’s questioning to support their motion to dismiss the charges.
Comey is looking to contest the charges on multiple fronts, including claims that Harrigan, the U.S. Attorney, was mistakenly appointed. However, the U.S. Attorney’s Office for the Eastern District of Virginia has not responded to requests for comments.
