In a bold move, former FBI Director James Comey is seeking to dismiss his ongoing criminal case, alleging that the prosecution against him was motivated by "vindictive and selective" behavior from President Donald Trump. His lawyers argue that the appointment of Lindsey Halligan as the acting U.S. Attorney for the Eastern District of Virginia, where Comey's case is being heard, was unlawful and that this appointee's involvement in the indictment constitutes a fundamental constitutional defect.
In essence, Comey's defense team claims that Trump directly ordered the Department of Justice to prosecute him due to personal animosity towards him and because of his frequent criticism of the president. They have submitted detailed timelines and evidence, primarily from Trump's own statements and admissions by administration officials, to demonstrate this point.
The burden for Comey's lawyers is high in proving that the prosecution was not merely selective but also acted with genuine animus. However, they believe they have sufficient grounds for their claim, including testimony and evidence suggesting Trump's personal vendetta against Comey as the driving force behind the investigation.
This development comes at a critical juncture in the case, which emerged as a contentious issue between Trump and his onetime FBI Director. The outcome of this motion could significantly impact the future of the case, potentially leading to its dismissal with prejudice or granting Comey additional discovery and an evidentiary hearing to further scrutinize the government's actions.
The Justice Department has yet to respond to Fox News's requests for comment, leaving many questions unanswered about the next steps in the case. With a November 3 deadline approaching for the department's response, it remains to be seen how this court filing will unfold and its potential impact on the investigation against Comey.
In essence, Comey's defense team claims that Trump directly ordered the Department of Justice to prosecute him due to personal animosity towards him and because of his frequent criticism of the president. They have submitted detailed timelines and evidence, primarily from Trump's own statements and admissions by administration officials, to demonstrate this point.
The burden for Comey's lawyers is high in proving that the prosecution was not merely selective but also acted with genuine animus. However, they believe they have sufficient grounds for their claim, including testimony and evidence suggesting Trump's personal vendetta against Comey as the driving force behind the investigation.
This development comes at a critical juncture in the case, which emerged as a contentious issue between Trump and his onetime FBI Director. The outcome of this motion could significantly impact the future of the case, potentially leading to its dismissal with prejudice or granting Comey additional discovery and an evidentiary hearing to further scrutinize the government's actions.
The Justice Department has yet to respond to Fox News's requests for comment, leaving many questions unanswered about the next steps in the case. With a November 3 deadline approaching for the department's response, it remains to be seen how this court filing will unfold and its potential impact on the investigation against Comey.