Former FBI Director James Comey has filed a motion to dismiss the criminal case against him, arguing that the charges stem from former President Donald Trump’s longstanding personal animosity rather than any legitimate pursuit of justice.
In filings submitted Monday in a federal court in eastern Virginia, Comey’s legal team accused the government of engaging in a politically motivated prosecution driven by revenge and abuse of power. His lawyers contended that interim U.S. Attorney Lindsey Halligan, who brought the case, was unlawfully appointed — a fact they say renders the entire indictment invalid.
Comey asked U.S. District Judge Michael Nachmanoff to dismiss the case “with prejudice,” meaning prosecutors would be barred from refiling it in the future. His attorneys described the prosecution as a “flagrant misuse of governmental authority” and insisted that only a permanent dismissal could deter such unconstitutional actions from recurring.
“Any lesser remedy would be insufficient in light of the government’s flagrant misconduct and the need to deter the government from bringing further unconstitutional prosecutions,” the filing stated.
Comey was indicted in late September on two counts: making a false statement and obstructing a congressional proceeding. The charges are tied to his 2020 testimony before the U.S. Senate — an indictment that came just days before the expiration of the five-year statute of limitations.
The case has drawn sharp criticism from legal observers who view it as another example of Trump-era officials weaponizing the justice system against perceived opponents. Comey, who famously led the FBI’s investigation into Russian interference in the 2016 election, was fired by Trump in 2017 after refusing to pledge personal loyalty to the president.
His removal marked a turning point in Trump’s contentious relationship with federal law enforcement, a feud that continues to shape the political and legal landscape long after his presidency.
If Judge Nachmanoff grants Comey’s motion, it would deliver a significant blow to efforts seen by many as politically driven attempts to criminalize public officials who crossed paths with Trump’s administration.
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