James Comey asked a federal judge on Wednesday to throw out the criminal case against him, arguing the indictment was brought solely to satisfy President Donald Trump’s long-standing vendetta.
Defence lawyer Michael Dreeben told Judge Michael Nachmanoff that “the president’s use of the Department of Justice to bring a crimial prosecution against a vocal and prominent critic in order to punish and deter those who would speak out agianst him violates the Constitution” and amounts to vindictive prosecution.
Comey, 64, has pleaded not guilty to charges of making a false statement and obstructing Congress. The counts stem from a hastily convened grand jury in the Eastern District of Virginia that returned an indictment days before the statute of limitations expired.
Prosecutors deny any improper motive, but the case is under mounting scrutiny. On Monday, magistrate judge William Fitzpatrick rebuked interim U.S. attorney Lindsey Halligan for “a disturbing pattern of profound investigative missteps,” including what he said were misstatements of law to the grand jury.
Halligan, a former White House aide with no prior prosecutorial experience, was appointed the night Mr Trump posted on social media: “JUSTICE MUST BE SERVED, NOW!!!” He had complained to Attorney General Pam Bondi about the lack of charges against Comey and another foe, New York Attorney General Letitia James.
Comey’s lawyers say the sequence shows direction from the Oval Office. “If this is not a direction to prosecute, I’d really be at a loss to say what is,” Dreeben told the court.
The judge did not immediately rule on the dismissal motion.