Former FBI Director James Comey has asked a federal court to dismiss the criminal charges filed against him, arguing that the U.S. attorney who brought the case was unlawfully appointed and that he is being targeted due to President Donald Trump’s “personal spite.”
In a series of court filings submitted Monday, Comey accused the Trump administration of engaging in “willfully unlawful conduct.” His legal team described the case as a “vindictive and selective prosecution,” calling it an “egregious abuse of power by the federal government.”
“The indictment in this case arises from multiple glaring constitutional violations and an egregious abuse of power by the federal government,” his attorneys wrote. “President Trump ordered the Department of Justice (DOJ) to prosecute Mr. Comey because of personal spite and because Mr. Comey has frequently criticized the President for his conduct in office.”
A spokeswoman for the Justice Department declined to comment on the case.
Comey, who has pleaded not guilty to charges of making false statements and obstructing a congressional investigation, maintains that he is innocent and expressed “great confidence” that the justice system will clear his name.
The charges were filed by Lindsey Halligan, the interim U.S. attorney for the Eastern District of Virginia — a former personal attorney for Trump who, according to the filings, had no prior prosecutorial experience. Halligan was reportedly installed in the position at Trump’s urging after other officials hesitated to pursue the case against Comey and others.
Comey is the first of three of Trump’s political opponents to face criminal prosecution in recent weeks. The Justice Department has also charged New York Attorney General Letitia James, who previously filed a civil fraud suit against Trump, and former National Security Adviser John Bolton, who has publicly criticized the former president.
The indictment against Comey accuses him of authorizing an FBI employee to leak information related to a federal investigation. While the specific probe is not named, it appears to be connected to the inquiry involving Hillary Clinton, Trump’s opponent in the 2016 presidential election.
In a separate filing, Comey’s legal team argued that Halligan’s appointment as interim U.S. attorney was unlawful, rendering the case invalid. “The official who purported to secure and sign the indictment was invalidly appointed to her position as interim U.S. Attorney. Because of that fundamental constitutional and statutory defect, the indictment is a nullity and must be dismissed,” they wrote.
Halligan has not been confirmed by the U.S. Senate, as required for most senior Justice Department positions. The Trump administration invoked a federal statute that allows an unconfirmed individual to serve as an interim U.S. attorney for up to 120 days after a vacancy occurs. However, Comey’s lawyers contend that “the text, structure, history, and purpose” of the statute do not permit her appointment. They further argue that once her predecessor resigned, the authority to fill the position shifted to the federal judiciary.
The case is currently before U.S. District Judge Michael Nachmanoff in Alexandria, Virginia, who has set a trial date for January. However, Nachmanoff ruled that the motion challenging Halligan’s appointment will be reviewed by another judge to avoid any potential conflict of interest, as the federal judiciary in Virginia was involved in appointing her predecessor.
