Comey asks judge to dismiss criminal charges claiming selective prosecution | James Comey
Former FBI Director James Comey has formally asked a federal judge to drop criminal charges against him, arguing that he was the victim of selective prosecution and that the U.S. attorney who filed the charges was illegally appointed.
“The record as it currently exists shows a clear causal link between President Trump’s animosity and the prosecution of Mr. Comey,” Comey’s lawyers wrote in their motion to dismiss, calling a Sept. 20 Truth Social article in which he disparaged Comey and called for his prosecution “smoking gun” evidence. “President Trump’s public statements and repeated actions leave no doubt that the administration’s true animosity toward Mr. Comey.”
Comey was charged on September 25 with one count of making a false statement and one count of obstructing a congressional proceeding. The charges relate to Comey’s September 30, 2020 testimony before Congress and are related to Comey’s assertion that he never authorized anyone at the FBI to release information. The precise details of the offense have not been made public and Comey has pleaded not guilty and has forcefully denied any wrongdoing.
The charges were brought against Comey, although career Justice Department prosecutors determined the charges were not warranted. Trump expelled Erik Siebert, the U.S. attorney for the Eastern District of Virginia, in September and appointed Lindsey Halligan, a White House aide. The charges against Comey were filed days later.
Comey’s lawyers also argued Monday that the case should be dismissed because Halligan was not legally named.
“The United States cannot charge, maintain, and prosecute a matter through an official who has no right to exercise governmental authority,” they write.
U.S. attorneys must be confirmed by the Senate and can only serve for 120 days in an acting capacity unless their terms are extended by the judges overseeing their district. Siebert, Halligan’s predecessor, served for the 120-day limit and Halligan does not appear to have encountered any other exceptions that would allow him to continue serving.
Halligan also oversaw criminal fraud charges against New York Attorney General Letitia James in connection with allegations that she lied on mortgage documents. James said she wasn’t guilty. Legal experts said this case does not appear strong.
