James Comey isn’t quietly enduring the charges against him—he’s fighting back with both barrels. The former FBI Director has asked a federal judge to throw out the criminal case he faces, calling it the product of a vindictive political crusade ordered by Donald Trump himself.
In filings submitted this week, Comey accused the government of “willfully unlawful conduct” and claimed the case violates multiple constitutional protections. His legal team described the prosecution as “an egregious abuse of power,” asserting that the charges were born not from justice, but from Trump’s lingering fury over past clashes.
“The indictment,” the motion declares, “arises from the President’s personal spite.”
The Justice Department has stayed silent, offering no comment on the allegations.
Comey’s legal battle marks the first in a wave of prosecutions targeting Trump critics. Within weeks of Comey’s indictment, charges also surfaced against New York Attorney General Letitia James—who famously sued Trump for business fraud—and John Bolton, the former national security adviser who has repeatedly called Trump unfit for office.
Comey, who has pleaded not guilty to accusations of making false statements and obstructing a congressional investigation, is challenging the very foundation of the case. He argues that Lindsey Halligan, the U.S. attorney leading the prosecution, was unlawfully installed in her position. Halligan, once a personal attorney for Trump with no prior prosecutorial record, was placed in charge of the Eastern District of Virginia following Trump’s personal insistence, according to the motion.
Comey’s lawyers contend that Halligan’s appointment violates federal law. Since she alone signed the indictment, they argue, the entire case is void. “The indictment is a nullity and must be dismissed,” the filing states.
The charges stem from an allegation that Comey authorized an FBI employee to release information connected to a federal investigation, believed to involve Hillary Clinton—the same political lightning rod who defined the 2016 election.
The case is being overseen by U.S. District Judge Michael Nachmanoff in Alexandria, Virginia. A trial date has been set for January, though the crucial question of Halligan’s legitimacy as a federal prosecutor will be reviewed in another jurisdiction to avoid any conflict of interest.
For Comey, this motion may be his best chance to stop the case before it ever reaches a jury. He remains adamant: he did nothing wrong—and insists the prosecution is not about law, but vengeance.
