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Tipsheet

James Comey Just Made a Predictable Move to Avoid Prosecution – It Won't Work

James Comey Just Made a Predictable Move to Avoid Prosecution – It Won't Work
AP Photo/J. Scott Applewhite

Former FBI Director James Comey has filed a motion to dismiss the criminal charges against him after being indicted for lying to Congress and obstructing a congressional proceeding.

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In the filing, Comey claimed that the indictment was fueled by a personal vendetta President Donald Trump has against him, according to Politico.

Comey’s attorney Patrick Fitzgerald called the case “an egregious abuse of power” that can be traced directly to a Sept. 20 social media post by Trump demanding the immediate prosecution of his political enemies, including Comey.

“President Trump posted a statement on social media that provides smoking-gun evidence that this prosecution would not have occurred but for the President’s animus toward Mr. Comey,” Fitzgerald wrote.

The argument was part of a double-barreled attack Comey unleashed Monday, urging a judge to shut down the unusual and hastily brought criminal case, which accuses Comey of lying to Congress during a 2020 Senate hearing focused on the FBI’s investigation into the 2016 Trump campaign’s contacts with Russia.

In addition to one motion calling the case an illegal “vindictive” prosecution, Comey brought a second motion Monday contending that the prosecution was brought by a prosecutor — Trump’s former personal lawyer Lindsey Halligan — who had no authority to bring the charges.

“The eleventh-hour appointment of a political ally for the express purpose of prosecuting a longtime critic, accompanied by a social media post pushing the DOJ to indict—is decisive evidence that the government would not have prosecuted Mr. Comey but for his ‘expression of ideas’ that President Trump disliked,” Fitzgerald wrote in the first motion.

Fitzgerald also pointed to four former Trump Cabinet officials who were spared prosecution despite similar allegations that they lied to Congress.

One potential weakness in the selective prosecution motion: It relies in part on what Comey’s defense calls “widespread and corroborated reporting” by the media about the refusal of various career prosecutors to seek an indictment in the case.

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FBI Director Kash Patel confirmed the indictment against Comey in a post on X. "Today, your FBI took another step in its promise of full accountability,” Patel wrote. “For far too long, previous corrupt leadership and their enablers weaponized federal law enforcement, damaging once proud institutions and severely eroding public trust.”

Comey has pleaded not guilty and accused the prosecution of being politically motivated. His attorneys argue that the indictment is a “vindictive and selective prosecution.”

The former FBI Director was one of the key figures in the Russia collusion hoax and has come under fire for allegedly trying to help Hillary Clinton win the 2016 election by refusing to prosecute her over the email scandal.

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