Former FBI Director James Comey filed two separate motions to dismiss the federal charges Trump’s Justice Department brought against him. The department indicted Comey on two charges: making a false statement and obstruction of a congressional proceeding.
He appeared in federal court in Maryland on Friday, where he pleaded not guilty to the charges. Now, his lawyers are trying to have the case thrown out.
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Comey’s motions
One of the motions filed Monday argues that the case is simply retaliation — a personal vendetta by the president. The other claims that the Trump administration never legally appointed the prosecutors who filed it.
Comey’s team has described the indictment as “an egregious abuse of power.” They claim Trump targeted him because of his public criticism.
“The United States Constitution entitles individuals to speak out against the government and, in turn, forbids the government from retaliating against individuals for their protected speech,” his attorneys wrote. They added “but that is exactly what happened here.”
As part of the filings, Comey’s lawyers submitted a 60-page collection of public statements by Trump and Comey. It’s a paper trail that they said shows a clear retaliation pattern.
“In response to Mr. Comey’s protected speech, President Trump has resorted to personal attacks and calls for retaliation through punishment and imprisonment. The pattern of the president’s statements and actions demonstrates a clear intent to subject Comey to official reprisal for his protected speech.”
The former FBI director also argued that Lindsey Halligan — a former Trump lawyer named interim U.S. Attorney — was “defectively appointed,” making the entire indictment invalid. She took over after her predecessor, Erik Siebert, was forced out under pressure to indict New York Attorney General Letitia James.
Comey’s filings cite Trump’s own classified documents case in Florida, where a judge dismissed charges over a similar appointment issue.
