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Ex-FBI director Comey seeks dismissal of charges, cites vindictive prosecution

Comey argues charges are politically motivated retaliation by Trump and challenges the appointment of the U.S. attorney as unlawful in a case filed in the Eastern District of Virginia.

  • On Monday, former FBI Director James Comey filed two motions asking a judge in Eastern District of Virginia federal court to dismiss the federal case, citing constitutional violations and White House abuse of power.
  • After ousting the prior U.S. attorney, the administration installed Lindsey Halligan, interim U.S. Attorney and former Trump lawyer, who filed the indictment days before the statute of limitations expired.
  • As evidence, Comey's lawyers submitted posts by Trump criticizing Comey, noting he faces two counts and asserting, `There is no good faith basis for attributing criminal conduct to either Mr. Comey or his lead defense counsel.`
  • The defense asked the court to dismiss the case with prejudice, which would bar federal prosecutors from refiling charges, while U.S. District Judge Michael Nachmanoff must decide if evidence shows unconstitutional misconduct.
  • The outcome could shape norms about DOJ politicization, as filings cite a Florida classified-docs case dismissal and frame Comey's motions as the opening salvo in a protracted fight.
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The New Republic broke the news in on Monday, October 20, 2025.
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