In a recent development that can be best described as a classic case of the pot calling the kettle black, former FBI Director James Comey, known for his deep-seated animosity towards President Donald Trump, has audaciously requested a federal judge to dismiss the Justice Department's case against him.
The grounds for this request, as stated by his legal team, are "vindictiveness" and Trump's "personal animus" towards him.
According to RedState, Comey was indicted on September 25 on charges of making a false statement and obstruction of Congress. These charges stem from allegations that he lied to Congress during a 2020 Senate hearing that was focused on the FBI's investigation into the 2016 Trump campaign's contacts with Russia.
Comey's personal animosity towards Trump is well-documented, and his relentless legal pursuit of the president has taken the concept of lawfare to unprecedented heights.
In his motion to dismiss, Comey argues that he has committed no crimes and is being targeted solely because of his criticism of Trump. His lawyers wrote in the motion, "The government has singled out Mr. Comey for prosecution because of his protected speech and because of President Trumps personal animus toward Mr. Comey.
Such a vindictive and selective prosecution violates the First Amendment, Due Process Clause, and equal protection principles. The proper remedy for this unconstitutional prosecution is dismissal with prejudice."
In a report by Lawfare, it was revealed that Comey's lawyers have claimed that there is "ample objective evidencemuch of which comes directly from government officials own public statements and admissionsestablishes that the governments animus toward Mr. Comey led directly to this vindictive and selective prosecution."
The motion, which spans 51 pages, details the often contentious relationship between Comey and the President, citing various public statements by Trump urging the Department of Justice to prosecute the former FBI director. The motion also highlights a recent social media post by President Trump directed at Attorney General Pam Bondi, in which he stated that he fired interim U.S. Attorney Erik Siebert for not prosecuting Comey. Trump's post also instructed Bondi to appoint Lindsey Halligan to the position.
Alongside this motion, Comey also filed an additional motion requesting Judge Nachmanoff to dismiss the indictment due to the allegedly unlawful appointment of Halligan as U.S. Attorney of the Eastern District of Virginia.
While Trump's candid commentary and pontification are part of his appeal to his ardent supporters, it is also true that his unfiltered remarks sometimes serve as his own worst enemy. However, the irony of James Comey accusing Trump of vindictiveness and personal animus, and claiming that this is the reason for his indictment, is not lost on observers. Comey's hatred for Trump is well-known and is expected to persist for the rest of his life.
The New York Times reports that motions for vindictive prosecution are notoriously difficult to win. They require defendants to prove that prosecutors have displayed animus towards them while they were seeking to exercise their rights, and that the charges would never have been brought except for that animus.
In a separate motion, Comey's lawyers argued that Halligan, who had served as both a White House aide and as one of Trump's personal defense lawyers, was improperly appointed to her post as U.S. attorney and so the case she filed should be dismissed in its entirety.
The lawyers pointed out that Halligan, in an unusual move, presented evidence to the grand jury in the case by herself and was the sole prosecutor to have signed the indictment that was eventually returned.
While it is clear that Comey and his legal defense team are aware of the high legal bar their motion to dismiss faces, it seems that the former FBI director is primarily trying to avoid prison by any means necessary. It is also worth noting that Halligan was the only prosecutor to sign the indictment against New York State Attorney General Letitia James, who was charged with bank fraud and making false statements earlier this month.
The trial date for this complex case is currently set for January 5. As the legal proceedings unfold, it remains to be seen whether Comey's audacious legal maneuvers will be successful in evading the charges against him.
Login