Comey's legal team seeks dismissal of federal charges, claims vindictive prosecution

 October 21, 2025

Hold onto your hats, folks -- former FBI Director James Comey is in the legal crosshairs, and his attorneys are swinging hard against what they call a politically charged witch hunt.

The saga unfolds with Comey’s recent indictment on charges of making false statements and obstructing a congressional proceeding, tied to his 2020 testimony before the Senate Judiciary Committee, with his legal team now pushing for dismissal based on claims of vindictive prosecution orchestrated by President Donald Trump, as ABC News reports.

Let’s rewind to the beginning: Comey’s troubles started with that 2020 Senate testimony, where he faced scrutiny over the FBI’s Russia probe and alleged media leaks.

Trump's calls for prosecution

Fast forward to last month, and a grand jury slapped Comey with two charges -- false statements and obstruction -- despite his firm not-guilty plea earlier this month.

Enter Trump, who, according to court filings, has been vocal since 2017 about wanting Comey prosecuted, even taking to social media to prod his attorney general into action just before the indictment dropped.

Comey’s attorneys aren’t mincing words, alleging a relentless pressure campaign by Trump that trampled over Justice Department norms and violated constitutional protections.

Controversial US Attorney appointment unfolds

Here’s where it gets spicier: Trump reportedly ousted U.S. Attorney Erik Siebert for refusing to target political foes, replacing him with Lindsey Halligan, a White House aide with zero prosecutorial experience, just days before she pushed for Comey’s indictment.

Halligan, installed as interim U.S. Attorney for the Eastern District of Virginia over career prosecutors’ objections, secured the grand jury’s nod on two of three charges -- a move Comey’s team calls a blatant abuse of power.

“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,” argued Comey’s attorneys in a hefty 51-page motion filed Monday.

Legal motions, counterarguments ensue

But let’s not sip the progressive Kool-Aid just yet -- while Comey’s team cries foul, Vice President JD Vance insists such prosecutions are “driven by law and not by politics,” a statement that feels like a pat on the back for Trump’s base.

Vance’s take might sound noble, but when a president handpicks a novice to spearhead a prosecution, it’s hard not to smell a rat in the machinery of justice.

Comey’s legal squad doubled down with two motions to dismiss—one slamming the prosecution as retaliatory, the other questioning Halligan’s authority to even hold the interim role.

DOJ tactics under scrutiny

Adding fuel to the fire, federal prosecutors are gunning to disqualify Comey’s lead attorney, Patrick Fitzgerald, over alleged conflicts tied to supposed leaks after Comey’s 2017 firing, though a DOJ inspector general report found no evidence of such wrongdoing.

Comey’s camp fired back, accusing government lawyers of smearing Fitzgerald and improperly snooping on privileged communications, urging the judge to reject any rushed evidence reviews.

Legal experts caution that claims of malicious prosecution rarely stick, but with Trump’s very public fingerprints all over this case 00 especially with the statute of limitations looming -- it’s a unique test of how far political grudges can stretch the law.

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