Comey calls for dismissal of criminal case for ‘vindictive’ prosecution

Former FBI director’s attorney James Comey A federal judge on Monday asked him to dismiss his criminal case on the grounds of “vindictive and selective” prosecution, citing what he argued in a new filing contained “sufficient objective evidence” that he argued was sufficient to dismiss his case with “prejudice.”

Comey’s lawyers used more than 50 pages of filings to tick off a long timeline of strained relations between Trump and his former FBI director, whom Trump fired in 2017 during his first term — less than halfway through his 10-year tenure as FBI director — as well as Trump’s public attacks and criticism of Comey.

He also noted that much of the damning information came from Trump himself or other administration officials.

Comey seeks to overturn criminal case finding Trump prosecutors ‘illegal’

Former FBI Director James Comey will appear in court Wednesday morning, his first appearance since being charged with alleged perjury and obstruction of Congress. (Jonathan Ernst/Reuters)

“The convictions in this case arise from several clear constitutional violations and gross abuses of power by the federal government,” his attorneys said in the filing.

“Due to personal animosity and repeated criticism of Mr. Comey’s conduct while in office, Trump ordered the Justice Department to prosecute Mr. Comey after his second term in office,” he said.

“When no career attorney would carry out those orders, the president publicly forced the resignation of the interim US attorney and directed the attorney general to bring ‘justice’ against Mr. Comey,” his lawyers said.

U.S. District Judge Michael Nachmanoff, who oversaw the trial in Alexandria, had one of two extraordinary motions to dismiss the lawsuit against Comey filed by his attorneys on Monday.

Judge Nachmanoff asked to dismiss the case against Comey after he argued Trump’s “illegal” appointment of his former personal attorney, Lindsey Halligan, as acting US attorney for the Eastern District of Virginia.

Trump announced in September that he would install Halligan as the top prosecutor for the Eastern District of Virginia, replacing interim U.S. Attorney Eric Siebert, who resigned under pressure to indict both Comey and New York Attorney General Letitia James.

Comey’s lawyers reported Monday that Halligan was appointed three days before Comey’s indictment.

“The official who purported to secure and sign the indictment was illegally appointed to her position as interim U.S. attorney,” he told the judge.

“Because of that fundamental constitutional and statutory defect, the indictment is void and must be dismissed. That dismissal must be without prejudice to prevent intentional unlawful conduct by the government.”

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To establish prosecutorial “retaliation,” Comey must provide the court with evidence that both the prosecutor acted with actual hostility toward the defendant and that the defendant would not have been prosecuted for that hostility.

This is a developing news. Check back soon for updates.