Former FBI Director James Comey asked a federal judge on Monday to dismiss a criminal case against President Donald Trump, arguing that he is being prosecuted in retaliation because of his hostility toward him.
In a pair of motions to remove him in federal court in eastern Virginia, Comey also argued that the charges against him were fatally flawed because his prosecutor, Interim U.S. Attorney Lindsay Harrigan, was illegally appointed.
Mr. Comey is asking that U.S. District Judge Michael Nachmanoff dismiss the case “with prejudice,” meaning it cannot be refiled.
“Given the government’s flagrant misconduct and the need to prevent the government from prosecuting further constitutional violations, any small remedy would be inadequate,” his lawyers wrote in a court filing.
In a separate filing, Mr. Comey’s lawyers argued that Mr. Harrigan’s actions should be invalidated because he was appointed with “deficiencies,” in violation of federal law governing the appointment of interim U.S. attorneys by the attorney general.
“The United States cannot prosecute, maintain, or prosecute cases through officials who are not qualified to exercise governmental authority,” the lawyers wrote.
Comey, a former Trump administration official who has long been considered a political opponent of the president, was indicted in late September on one count each of lying and filibustering Congress.
The charges relate to Comey’s testimony before the Senate in September 2020. The indictment was returned less than a week before the five-year statute of limitations expired.
