James Comey Seeks Dismissal of ‘Selective and Vindictive’ Case in Contentious Hearing
WASHINGTON – Former FBI Director James Comey moved to dismiss a case brought against him by the justice Department, arguing in a hearing Tuesday that the prosecution is “selective and vindictive” and lacks constitutional grounding. Comey’s legal team contends the case, stemming from his handling of classified information during his time as FBI director, was initiated only after pressure was applied to prosecutors to target him and New York Attorney General Letitia James.
The hearing centers on a dispute over whether the justice Department has sufficient justification to pursue charges against Comey, particularly given the unusual circumstances surrounding the appointment of the prosecutor overseeing the case. The outcome could set a precedent for how the DOJ handles politically sensitive investigations and whether it can pursue charges without demonstrating a clear legal basis beyond apparent retaliation.
Comey and James separately filed motions to disqualify acting U.S. Attorney Lindsey Halligan, arguing her appointment was unlawful. Halligan, a former personal lawyer for Donald Trump with no prior experience as a prosecutor, was named by Trump after her predecessor resigned under pressure to indict Comey and james. A separate judge, Magistrate Judge William Fitzpatrick, earlier this month accused the DOJ of taking an “indict first, investigate later” approach to Comey’s case.
During the hearing, Comey’s lawyers emphasized that the prosecution will only proceed ”only if ‘the Constitution requires it.'” They argued the DOJ has failed to demonstrate such a requirement, suggesting the case is driven by political motivations. The Trump administration had previously targeted both Comey and James, viewing them as adversaries. james, in October, was herself indicted in a case widely seen as politically motivated.
Gary Grumbach is an NBC News legal affairs reporter, based in Washington, D.C.
Owen Hayes is an field producer for the NBC News Washington bureau.
Ryan J. Reilly contributed.
