Former FBI Director James B. Comey has fired back against federal prosecutors, asking a judge to dismiss the criminal case against him in what his lawyers call a “politically driven farce.”
Comey, indicted in late September 2025 for allegedly lying to Congress and obstructing a congressional inquiry, pleaded not guilty earlier this month. The charges stem from a 2020 Senate hearing where he denied authorizing an FBI staffer to leak to the press.
In a sweeping motion filed October 20 in federal court in Virginia, his defense team argued two key points: first, that the case represents “vindictive prosecution” motivated by Donald Trump’s personal animosity toward Comey; and second, that the lead prosecutor, Lindsey Halligan, was unlawfully appointed to her post as interim U.S. Attorney — making the indictment invalid.
The filing urges Judge Michael S. Nachmanoff to dismiss the case with prejudice, which would prevent it from being refiled. The motion points to Trump’s repeated public demands to “lock Comey up” and claims the DOJ only acted after years of declining to prosecute him.
The Department of Justice has not yet filed its response, but legal analysts say the outcome could reshape the perception of political interference in federal prosecutions. If the motion succeeds, it would mark a stunning rebuke of the administration’s handling of the case; if denied, Comey is set to face trial on January 5, 2026.
For now, the next hearing will determine whether this case continues — or collapses under its own politics.
SOURCES:
Associated Press — Comey’s lawyers say case against him is driven by Trump’s personal animus (Oct 20 2025)
Reuters — Ex-FBI director Comey seeks dismissal of charges, cites vindictive prosecution (Oct 20 2025)
Washington Post — Comey lawyers move to dismiss case, first battle in the prosecution (Oct 20 2025)