Oct. 21 (UPI) — Former FBI Director James Comey has asked a federal judge to dismiss the Justice Department’s indictment against him, arguing he is being politically and unconstitutionally prosecuted by President Donald Trump because of their feud.
Comey has pleaded not guilty to charges of making a false statement and obstruction in connection with testimony he gave before the U.S. Senate Judiciary Committee in September 2020.
The indictment against him was filed late last month by a junior prosecutor who replaced U.S. Attorney Erik Siebert, who resigned under pressure from the Trump administration. Siebert had been accused by Trump of intentionally delaying taking action against Comey.
The new U.S. attorney filed the indictment against Comey just days before the statute of limitations was to expire.
In the 42-page motion filed Monday, Comey’s defense argued that “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 equal protection principles,” the motion states.
At the center of the lawsuit is testimony Comey gave to the Senate committee examining the FBI’s Crossfire Hurricane investigation into alleged collusion between Russian officials and Trump’s 2016 election campaign.
The indictment accuses Comey of lying to Congress when he said he had not authorized an FBI employee to be an anonymous source for news reports.
The indictment is not explicit, and is seems to reference an exchange between Comey and Sen. Ted Cruz, in which the Republican from Texas asked the former law enforcement head if he had authorized his then deputy to speak with a reporter about the Crossfire investigation.
Comey told Cruz he did not.
Comey has been a critic of Trump, who campaigned on seeking retribution against his political rivals. Trump fired Comey in May 2017 during his first administration in connection with the FBI’s handling of an investigation into his former political rival, Hillary Clinton.
In the dismissal motion filed Monday, his lawyers argue that the indictment brought against Comey is the product of “multiple glaring constitutional violations” as well as “an egregious abuse of power” by the White House.
His defense alleges that Trump ordered the Justice Department to prosecute their client “because of personal spite.” They continue that Trump “publicly forced” Siebert resign and then installed a White House aide with no prosecutorial experience in that position for the purpose of prosecuting Comey.
“Objective evidence establishes that President Trump harbors genuine animus toward Mr. Comey, both based on Mr. Comey’s protected speech and based on President Trump’s arbitrary personal bias,” the motion states.
“In response to Mr. Comey’s protected speech, President Trump has resorted to personal attacks and calls to retaliate against Mr. Comey through punishment and imprisonment.”
The trial is scheduled to start in early January.
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