Legal professionals for former FBI Director James Comey on Friday moved to dismiss the felony case in opposition to him, arguing that “elementary errors within the grand jury course of” make the indictment “legally flawed.”
The movement comes days after Interim U.S. Lawyer Lindsey Halligan advised a decide that the total grand jury who heard proof in opposition to Comey never reviewed the final two-count indictment in the case. As an alternative, she mentioned they reviewed an earlier model that included a cost they rejected.
“These errors replicate the reckless and ill-conceived nature of this prosecution: A president intent on prosecuting Mr. Comey earlier than the statute of limitations expired directed the appointment of a White Home aide, Lindsey Halligan, as interim U.S. Lawyer, and she or he then rushed to safe an indictment whereas flagrantly violating fundamental grand jury guidelines within the course of,” Comey’s legal professionals argued. “These grand jury errors warrant dismissal twice over.”
Former FBI Director James Comey speaks throughout a Senate Intelligence Committee listening to on Capitol Hill, June 8, 2017.
Andrew Harnik/AP, FILE
Federal prosecutors reversed course in a legal filing Thursday and claimed that the two-count indictment was, actually, reviewed by the grand jury. Nevertheless, Comey’s legal professionals argued that the correction “contradicts quite a few different representations” and “rests on an inaccurate overreading of an ambiguous trade between the grand jury foreperson and the Justice of the Peace decide.”
Within the submitting Thursday, prosecutors included choose parts of the grand jury transcript aiming to show the indictment was reviewed by the grand jury, however protection legal professionals sought to forged doubt on the declare by highlighting earlier considerations about obvious gaps within the transcript.
“Even when the grand jury was actually offered with the operative indictment, that will solely elevate a bunch of further issues for the government–not least of which is the obvious absence of any recording of that presentment,” Comey’s attorneys mentioned within the submitting.
Lindsey Halligan, exterior of the White Home, Aug. 20, 2025.
Jacquelyn Martin/AP, FILE
Protection legal professionals additionally argued that Halligan made a number of errors earlier than the grand jury, together with misstating the legislation, utilizing proof from flawed search warrants and together with info protected by attorney-client privilege.
Comey pleaded not guilty in October to 1 rely of false statements and one rely of obstruction of a congressional continuing associated to his testimony earlier than the Senate Judiciary Committee in 2020, amid what critics name Trump’s campaign of retribution in opposition to his perceived political foes. Vice President JD Vance has mentioned any such prosecutions are “pushed by legislation and never by politics.”
Halligan, Trump’s handpicked U.S. legal professional for the Japanese District of Virginia, sought the indictment of Comey over the objections of career prosecutors after Trump forced out earlier U.S. legal professional Erik Siebert who sources mentioned had resisted bringing instances in opposition to Comey and New York Lawyer Common Letitia James.
Halligan, who had no expertise as a prosecutor, sought the indictment after Trump, in a social media put up, known as on Lawyer Common Pam Bondi to act “NOW!!!” to prosecute Comey, James and Rep. Adam Schiff.
