Comey accuses Trump of "personal spite" as he seeks to dismiss case
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Former FBI Director James Comey in New York City in May. Photo: Dia Dipasupil/Getty Images
Former FBI Director James Comey's lawyers asked a federal judge on Monday to dismiss the criminal case against him, arguing that President Trump has "personal animus" toward him.
Why it matters: The filing in the Eastern District of Virginia contends that Comey's prosecution is "vindictive and selective," arguing that it violates the Trump critic's First Amendment rights and pointing to the president's demands for the prosecutorial targeting of his political enemies.
- Comey has pleaded not guilty to charges of making false statements to Congress in 2020 and obstructing its investigation into the Russia collusion probe and his lawyers argue in the filing that the "proper remedy for this unconstitutional prosecution is dismissal with prejudice."
What they're saying: "President Trump ordered the Department of Justice (DOJ) to prosecute Mr. Comey because of personal spite and because Mr. Comey has frequently criticized the President for his conduct in office," they wrote.
- "When no career prosecutor would carry out those orders, the President publicly forced the interim U.S. Attorney to resign and directed the Attorney General to effectuate 'justice' against Mr. Comey," they added, in reference to Erik Siebert, who left the role amid pressure to charge the former FBI chief.
Zoom in: Comey's lawyers noted that Trump then installed Lindsey Halligan, "a White House aide with no prosecutorial experience" and the president's personal attorney, as interim U.S. attorney.
- "The President's new hand-picked interim U.S. Attorney indicted Mr. Comey just days later — and days before the relevant statute of limitations was set to expire," they wrote.
- Comey, whom Trump fired in 2017 after clashing over the FBI's investigation into potential ties between the president's campaign and Russia, is challenging the legality of Halligan's appointment.
The other side: A White House spokesperson previously called Comey's challenge of Halligan's appointment "a frivolous and desperate attempt by Comey to distract from the facts of his case that even a grand jury recognized."
- The White House referred Axios to the DOJ for comment on Comey's motion to dismiss his case, and the Justice Department declined to comment on the matter.
More from Axios:
- Comey indictment sets MAGA retribution in motion
- Comey v. Trump: What to know about their years-long feud
Editor's note: This article has been updated with further context and with the White House and DOJ's responses to Axios' requests for comment.
