Comey seeks to have indictment tossed for vindictive prosecution, questions about prosecutor's appointment

[LetMyPeopleVote]

Source: CBS

Attorneys for former FBI Director James Comey filed a slate of motions Monday, seeking to have the two-count federal indictment against him dismissed before a potential trial date early next year.

Comey's attorney, Patrick Fitzgerald, moved to dismiss the case on the grounds that it is based on a vindictive and unlawful prosecution. He is also challenging the appointment of interim U.S. Attorney Lindsey Halligan to that role.

Comey's attorneys wrote that the charges arose due to an "egregious abuse of power," and there are "multiple glaring constitutional violations" in the indictment. They argued that Mr. Trump ordered prosecutors to charge Comey due to "personal spite" and because Comey had "frequently criticized the President," who fired Comey from his role leading the FBI in 2017 and has sparred with Comey for years......

In a separate motion, attorneys for Comey also argued that Halligan, the only attorney in the U.S. Attorney's Office for the Eastern District of Virginia to sign his indictment, "was defectively appointed to her office as an interim U.S. Attorney."

Arguing that "no properly appointed" official from the executive branch had obtained the indictment against Comey, his lawyers said "the indictment is equally a nullity" and should be dismissed.

"The President and Attorney General appointed the President's personal lawyer as interim U.S. Attorney in violation of a clear statutory command so that the interim U.S. Attorney could indict an outspoken critic of the President just days before the relevant statute of limitations was set to expire," Comey's lawyers wrote.

Read more: https://www.cbsnews.com/news/james-comey-seeks-indictment-tossed-vindictive-prosecution-fbi-trump/

[Jilly_in_VA]

1. Not to mention

that Halligan is an incompetent fool, chosen for her LOOKS, not for her abilities!

[LetMyPeopleVote]

2. Here is a link to Comey's motion to dismiss

Link to tweet

Here is a link to the motion
https://storage.courtlistener.com/recap/gov.uscourts.vaed.582136/gov.uscourts.vaed.582136.59.0.pdf

[bucolic_frolic]

3. Put more beauty queens in the court room, and decorate the courts with gold bling

Let the public know whose side they're on.

[LetMyPeopleVote]

4. Comey's attorneys ask case that be dismissed because Lindsey Halligan was appointed in violation of laws

Link to tweet

https://www.washingtonpost.com/national-security/2025/10/20/comey-prosecution-trump-vindictive/

In a second motion Monday, defense lawyers also asked Nachmanoff to dismiss the case on grounds that Lindsey Halligan, the prosecutor Trump hand-selected to oversee it, was appointed in violation of laws governing how long interim U.S. attorneys can serve.

Trump installed Halligan as the interim U.S. attorney for the Eastern District of Virginia last month after he and others pressured her predecessor, Trump-appointee Erik S. Siebert, to resign in part over his conclusion that there was insufficient evidence to move forward with the case against Comey.

Because Siebert had already served a full 120-day term as interim U.S. attorney before his ouster, the Trump administration could not legally appoint another interim appointee to succeed him, Comey’s attorneys argued. Under the law, they argued, it was up to the judges of the Eastern District of Virginia, not the Trump administration, to select a new temporary appointee until the Senate voted to approve a presidential nominee to permanently fill the position.