Comey seeks dismissal of criminal case for ‘vindictive’ prosecution

Lawyers for the former FBI director James Comey He asked a federal judge on Monday to dismiss his criminal case on the grounds of “retaliatory and selective” prosecution, citing what they argued in a new filing was a record of “ample objective evidence” that they said should be enough to dismiss his case “with prejudice.”

Comey’s lawyers used the more than 50-page dossier to mark a long timeline of the tense relationship between Trump and the former FBI director, who Trump fired during his first term, in 2017 — less than half of his 10-year tenure as FBI director — as well as Trump’s public attacks and criticism of Comey.

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

Comey seeks to dismiss criminal case by calling Trump’s appointment of attorney general ‘illegal’

“The indictment in this case stems from multiple flagrant constitutional violations and egregious abuses of power by the federal government,” his lawyers said in the lawsuit.

They said Trump ordered the Justice Department to prosecute Comey after he took office for the second time “out of personal malice and because Mr. Comey has repeatedly criticized the President for his conduct in office.”

“When no prosecutor carried out these orders, the President publicly forced the interim US Attorney to resign and ordered the Attorney General to seek justice against Mr. Comey,” his lawyers said.

This was one of two extraordinary requests to dismiss the case against Comey that his lawyers filed on Monday before US District Judge Michael Nachmanoff, who is overseeing the case in Alexandria.

The other motion asked Judge Nachmanoff to dismiss the case against Comey over what they claimed was Trump’s “unlawful” appointment of Lindsey Halligan, his former personal lawyer, to the position of US Attorney for the Eastern District of Virginia.

Trump announced in September that he would appoint Halligan to the position of U.S. Attorney for the Eastern District of Virginia, replacing interim U.S. Attorney Eric Seibert, who resigned under pressure to indict Comey and New York Attorney General Letitia James.

Comey’s lawyers noted on Monday that Halligan’s appointment occurred just three days before Comey was indicted.

They told the judge that the official “who purported to obtain and sign the indictment was improperly appointed to her position as interim United States Attorney.”

“Because of this fundamental constitutional and legislative defect, the indictment is invalid and must be dismissed. Such dismissal must be made with prejudice in order to deter the government’s willfully unlawful conduct.”

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In order to prove the prosecution’s “retaliatory bent,” Comey must present evidence to the court that prosecutors were acting with actual hostility toward the defendant, and that the defendant would not have been prosecuted but for that hostility.

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