Comey Seeks Dismissal of Charges
Former FBI Director James Comey has called for the dismissal of his case, asserting that there’s a “fundamental flaw” in the way authorities have approached the allegations against him—specifically regarding lying to Congress and obstruction of justice.
In a recent federal court filing in Alexandria, Virginia, Comey’s legal team aims to dismiss the charges brought against him on September 25. They point to alleged violations by interim U.S. Attorney Lindsay Harrigan of grand jury protocols and constitutional rights under the Fifth Amendment.
“These mistakes highlight how reckless and disorderly this prosecution has been,” his attorneys stated. They further claimed that the President had directed Harrigan to hurry the indictment process, which supposedly led to significant violations of grand jury regulations.
Comey’s attorneys added, “These mistakes made by the grand jury warrant another dismissal.”
The filing addresses claims of critical errors in the grand jury proceedings, previously mentioned during a recent court hearing. The defense contends that the grand jury did not properly authorize the indictment of certain operatives involved.
They argued, “At least 12 jurors disagreed with the indictment on two main counts, and the grand jury dismissed the only charge brought forth by the government.” This, they assert, means the prosecution of Comey lacks a valid grand jury indictment and infringes upon his Fifth Amendment rights.
The situation became murky during a hearing this week when Harrigan indicated that only “the presiding judge and one grand juror” were present during the indictment process, leading Comey’s team to believe that not all jurors had seen the final charges after dismissing one of them.
Meanwhile, Harrigan’s office maintains that the grand jury proceedings were above board. They provided minutes from the grand jury process aimed at conflicting with the defense’s narrative.
“The assertion that the grand jury ‘never voted on the two counts of indictment’ is at odds with the official record,” Harrigan’s team claimed. They argued that the documentation confirms the validity of the two-count indictment.
The presiding judge of the grand jury reportedly confirmed that a vote for an indictment was indeed cast, further supporting the prosecution’s stance.
Meanwhile, Comey’s attorneys contended that no evidence exists showing the grand jury ever reviewed or voted on the new indictment, framing the prosecution’s explanations as reactive and based on misunderstandings.
Comey’s legal filings assert that the case should be dismissed not only due to the alleged misconduct in the grand jury but also because the government utilized information in violation of the Fourth Amendment and the attorney-client privilege—a serious claim.
Comey is set to face trial on January 5, 2026, with potential sentencing of up to five years in prison if convicted on the charges against him.
