James Comey seeks case dismissal, challenges Trump prosecutor Halligan

Former FBI Director James Comey on Monday asked a federal judge to dismiss his criminal case, arguing that he is being vindictively prosecuted because of President Donald Trump’s animus toward him.

Comey, in a pair of motions for dismissal filed in federal court in eastern Virginia, also argued that the indictment against him is fatally flawed because his prosecutor, interim U.S. Attorney Lindsey Halligan, was appointed unlawfully.

Comey wants U.S. District Judge Michael Nachmanoff to dismiss the case “with prejudice,” meaning the government cannot appeal the ruling.

“Any lesser remedy would be insufficient in light of the government’s flagrant misconduct and the need to deter the government from bringing further unconstitutional prosecutions,” his lawyers wrote in one of the court filings.

Comey, a former Trump administration official who has long been seen as a political enemy by the president, was charged in late September with one count each of making a false statement and obstructing a congressional proceeding.

The charges pertain to Comey’s testimony before the Senate in September 2020. The indictment was returned less than a week before a five-year statute of limitations was set to expire.

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