Former FBI Director James Comey filed a motion Monday to dismiss federal criminal charges against him, arguing he is the victim of selective prosecution driven by President Donald Trump.
Comey’s legal team filed two separate motions in U.S. District Court in Alexandria, Virginia. One challenges the legality of interim U.S. Attorney Lindsey Halligan’s appointment. The other claims the prosecution is vindictive and violates his constitutional rights.
“The indictment in this case arises from multiple glaring constitutional violations and an egregious abuse of power by the federal government,” Comey’s attorneys wrote in the 51-page filing. “President Trump ordered the Department of Justice to prosecute Mr. Comey because of personal spite and because Mr. Comey has frequently criticized the President for his conduct in office.”
Comey was indicted on September 25 on one count of making false statements and one count of obstructing a congressional proceeding. The charges stem from his 2020 testimony before the Senate Judiciary Committee about his authorization of leaks to the media when he led the FBI.
The indictment came just days after Trump posted on Truth Social calling on Attorney General Pam Bondi to take action against Comey. Trump later praised Bondi and FBI Director Kash Patel for their “brilliant work” after the indictment was announced.
“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,” Comey’s attorneys wrote. “But that is exactly what happened here.”
Comey’s team argued that Trump harbors “genuine animus” toward the former FBI director and that he would not have been prosecuted otherwise. The filing included a 60-page exhibit documenting public statements Comey and Trump have made about each other.
“The government has singled out Mr. Comey for prosecution because of his protected speech and because of President Trump’s personal animus toward Mr. Comey. Such a vindictive and selective prosecution violates the First Amendment, Due Process Clause, and the equal protection principles,” the filing stated.
The second motion challenges Halligan’s appointment as interim U.S. Attorney. Trump named Halligan to her position after former U.S. Attorney Erik Siebert resigned under pressure to indict Comey and New York Attorney General Letitia James.
U.S. District Judge Michael Nachmanoff, appointed by President Joe Biden, is presiding over the case. Nachmanoff said the motion challenging Halligan’s appointment will be decided by a judge in another jurisdiction to avoid any appearance of conflict of interest, since the federal judiciary in Virginia played a role in appointing Halligan’s predecessor.
The Justice Department’s response is due November 3. A hearing on the motions is scheduled for November 19. Trial is set to begin January 5, 2026.
Comey pleaded not guilty to both charges on October 8. He faces up to five years in prison and a $250,000 fine if convicted.