James Comey Asks Judge to Dismiss Criminal Case, Calls Prosecution a "Vindictive Extension" of Trump's Personal Animosity

Strategic Insights -

Former FBI director James Comey asked a federal judge on Monday to dismiss the criminal case against him, calling it a vindictive prosecution and a direct extension of President Donald Trump's long-running personal animosity. In court filings, Comey's attorneys accused the president of personally instigating the case on "facially flawed" charges that Comey lied to Congress. They also challenged the legitimacy of the U.S. attorney's appointment, saying Trump's pick, Lindsey Halligan, is serving unlawfully in the role. Comey's lawyers argued that the refusal of several career prosecutors to move forward with the case offers clear evidence that charges would not have been pursued were it not for Trump's animosity against his former FBI director.

Key Takeaways:

  • The case against Comey is based on "facially flawed" charges that he lied to Congress, according to his attorneys.
  • Comey's lawyers accused the president of personally instigating the case and questioned the legitimacy of the U.S. attorney's appointment.
  • The U.S. attorney's appointment is unlawful, according to Comey's attorneys, who argue that the law requires federal judges to appoint an interim U.S. attorney, not the president's administration.
  • The Justice Department has disputed that interpretation in several cases challenging the legitimacy of U.S. attorney picks around the country.
  • Comey is accused of authorizing Daniel Richman, a former prosecutor and professor at Columbia Law School, to convey information to the New York Times about Comey's conversations with Trump in the early days of the president's first term.
  • Richman has said he shared information on those conversations with a Times reporter, but at the Senate hearing, Comey's lawyers note, Cruz referenced Comey's former deputy FBI director, Andrew McCabe, who had publicly stated that he gave information to the Wall Street Journal in 2016 about an investigation into Hillary Clinton's foundation and that he'd done so with Comey's authorization.
  • Comey's lawyers argued that the refusal of several career prosecutors to move forward with the case offers clear evidence that charges would not have been pursued were it not for Trump's animosity against his former FBI director.
  • The vindictive-prosecution claims are rare and difficult to win, but several defendants targeted by Trump and his appointees are pursuing them, including Rep. LaMonica McIver (D-New Jersey), and Kilmar Abrego García, the Salvadoran immigrant illegally deported in March.

Statistics:

  • 120 days is the maximum allowed under federal law for an interim U.S. attorney to serve.
  • 2020 is the year during which Comey is accused of lying to Congress, according to the indictment.
  • 2018 is the year in which the Justice Department's inspector general found that McCabe "lacked candor" when Comey and other officials asked him about the source of a leak.
  • 1 is the number of felony counts against Comey in the indictment.
  • 2 is the number of motions filed by Comey's lawyers on Monday to challenge the legitimacy of the U.S. attorney's appointment and the case itself.
  • 3 is the number of attorneys enlisted by Comey to bolster his defense team.

Sources:

  • Filing in the United States District Court for the Eastern District of Virginia, case number 1:19-cr-00455-JMC
  • Filing in the United States District Court for the Eastern District of Virginia, case number 1:19-cr-00455-JMC
  • Justice Department report on McCabe's leak (2018)