FBI Director James Comey is making a bold move to have his criminal charges dismissed, citing that he was subjected to "vindictive" and "selective" prosecution. In a 51-page filing, Comey's lawyers argue that Trump's motivation for the indictment is driven by personal spite, pointing to a social media post from Trump that calls for action against Comey and others.
According to Comey's team, if a federal judge agrees with their claims, his case could be dismissed before it even goes to trial. This would be a significant development in the ongoing saga between Comey and former President Trump.
Comey is accused of lying to and obstructing Congress during 2020 congressional testimony. But his lawyers argue that he was singled out due to his "protected speech." In fact, they claim that at least four other heads of agencies made false statements without facing prosecution: Attorney General Jeff Sessions, Environmental Protection Agency head Scott Pruitt, Health and Human Services head Tom Price, and Treasury Secretary Steve Mnuchin.
Comey's lawyers see this as a case of selective prosecution, where he was targeted specifically because of his public criticism of Trump. They believe that dismissing Comey's case would be the only way to "vindicate fundamental constitutional values" and deter the government from pursuing perceived political opponents.
The Department of Justice (DOJ) has 10 days to respond to the motion before a hearing on November 19, when a judge will decide whether to dismiss the charges. A trial is scheduled for January 5 – but only if the case isn't dismissed beforehand.
The stakes are high in this case, with Comey's freedom potentially hanging in the balance. If his lawyers succeed in having the charges dismissed, it could send a significant message about the limits of presidential power and the importance of protecting whistleblowers.
According to Comey's team, if a federal judge agrees with their claims, his case could be dismissed before it even goes to trial. This would be a significant development in the ongoing saga between Comey and former President Trump.
Comey is accused of lying to and obstructing Congress during 2020 congressional testimony. But his lawyers argue that he was singled out due to his "protected speech." In fact, they claim that at least four other heads of agencies made false statements without facing prosecution: Attorney General Jeff Sessions, Environmental Protection Agency head Scott Pruitt, Health and Human Services head Tom Price, and Treasury Secretary Steve Mnuchin.
Comey's lawyers see this as a case of selective prosecution, where he was targeted specifically because of his public criticism of Trump. They believe that dismissing Comey's case would be the only way to "vindicate fundamental constitutional values" and deter the government from pursuing perceived political opponents.
The Department of Justice (DOJ) has 10 days to respond to the motion before a hearing on November 19, when a judge will decide whether to dismiss the charges. A trial is scheduled for January 5 – but only if the case isn't dismissed beforehand.
The stakes are high in this case, with Comey's freedom potentially hanging in the balance. If his lawyers succeed in having the charges dismissed, it could send a significant message about the limits of presidential power and the importance of protecting whistleblowers.