James Comey asks judge to dismiss criminal case against him

WASHINGTON (Reuters) – Former FBI Director James Comey on Monday asked a federal judge to dismiss criminal charges against him, arguing that the U.S. attorney who brought the case was illegally appointed and is being unfairly targeted because of President Donald Trump’s “personal grudge” against him.

“The charge in this case arises from multiple egregious constitutional violations and an egregious abuse of power by the federal government,” Comey’s legal team wrote in one of two documents, which said the case should be dismissed as a vindictive and selective prosecution.

“President Trump directed the Department of Justice (DOJ) to prosecute Mr. Comey out of personal grudge and because Mr. Comey has frequently criticized the president for his conduct in office,” his lawyers said.

Comey was the first of three Trump political enemies to be criminally charged in recent weeks. Since then, the Justice Department has also filed charges against New York State Attorney General Letitia James, who filed a civil fraud lawsuit against Trump while he was out of power, and Trump’s former national security adviser John Bolton, who publicly said Trump is unfit to be president.

Dana Verkouteren via AP

Comey has pleaded not guilty to charges of making false statements and obstructing a congressional investigation, which were brought by Trump’s former personal lawyer, Lindsey Halligan. Halligan was installed as the top federal prosecutor in the Eastern District of Virginia after Trump ousted her predecessor over his reluctance to prosecute Comey and James.

The indictment accuses Comey of authorizing an FBI employee to reveal information about a federal investigation. The indictment does not identify the investigation, but it appears to be related to Hillary Clinton, Trump’s rival in the 2016 presidential race.

In a second court filing on Monday, Comey’s lawyers said Trump violated the law when he appointed Halligan as acting federal prosecutor. Since she is the only person who signed the indictment, the case is invalid, they said.

“The official who sought to obtain and sign the indictment was invalidly appointed to his position as Acting United States Attorney. Because of that fundamental constitutional and statutory defect, the indictment is void and must be dismissed,” they wrote. Comey’s case is being heard by U.S. District Judge Michael Nachmanoff in Alexandria, Virginia, who set a trial date for January. Nachmanoff has already said that the motion arguing that Halligan’s appointment was invalid will be decided by a judge in another jurisdiction.

Virginia’s federal judiciary played a role in the appointment of Halligan’s predecessor, and reassigning the motion will avoid the appearance of a conflict of interest, Nachmanoff said.

(Reporting by Andrew Goudsward, Sarah N. Lynch and Jan Wolfe in Washington and Matthew Lewis)