The Department of Justice on Monday urged a federal court to reject former FBI Director James Comey’s bid to dismiss his case, arguing that his claims of selective prosecution are unfounded.
The DOJ, in its 48-page filing, also denied that President Donald Trump’s September Truth Social post calling on U.S. Attorney General Pam Bondi to prosecute prominent political adversaries, including Comey, Sen. Adam Schiff, D-Calif., and New York Attorney General Letitia James, had any influence on the decision to bring charges.
‘These posts reflect the President’s view that the defendant has committed crimes that should be met with prosecution. They may even suggest that the President disfavors the defendant. But they are not direct evidence of a vindictive motive,’ prosecutors argued.
‘The defendant spins a tale that requires leaps of logic and a big dose of cynicism, then he calls the President’s post a direct admission,’ they continued. ‘There is no direct admission of discriminatory purpose. To the contrary, the only direct admission from the President is that DOJ officials decided whether to prosecute, not him.’
Trump wrote in a Sept. 20 post on his Truth Social platform that ‘nothing is being done’ to Comey, Schiff or James.
‘They’re all guilty as hell,’ he said. ‘They impeached me twice, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!!’
The Wall Street Journal reported that the public Truth Social post was intended as a private message to Bondi.
Comey was indicted by a federal grand jury in late September on charges of false statements and obstructing a congressional proceeding. He pleaded not guilty.
His legal team filed a motion on Oct. 20 to dismiss the indictment on grounds of vindictive and selective prosecution. They also argued that Lindsey Halligan, the interim U.S. Attorney for the Eastern District of Virginia, was unlawfully appointed.
Halligan, Trump’s former personal attorney, was appointed by the president after Erik Siebert, the former U.S. Attorney for the Eastern District of Virginia, resigned. Siebert reportedly resigned amid mounting pressure from the White House to bring charges against Comey and James.
‘The official who purported to secure and sign the indictment was invalidly appointed to her position as interim U.S. Attorney. Because of that fundamental constitutional and statutory defect, the indictment is a nullity and must be dismissed,’ Comey’s legal team wrote.
The Justice Department maintains that Halligan’s appointment as interim U.S. attorney was lawful, arguing that it was in line with federal statute and the Constitution’s Appointments Clause.
Comey’s trial is scheduled to begin in January 2026.