Overview
- James Comey filed two motions asking a federal judge to throw out his two-count indictment, alleging selective and vindictive prosecution and challenging the legality of interim U.S. Attorney Lindsey Halligan’s appointment.
- Comey’s team points to President Trump’s public posts urging charges and the rapid replacement of U.S. Attorney Erik Siebert with Halligan days before the statute of limitations deadline as evidence of improper influence.
- Separately, Comey argues Halligan was not lawfully installed under statutes governing interim U.S. attorneys, and Judge Michael Nachmanoff has indicated that an out-of-district judge will decide that appointment challenge.
- Prosecutors urged the court to approve a neutral filter team and flagged a potential conflict for Comey’s lead lawyer Patrick Fitzgerald over 2017 disclosures, a claim the defense calls baseless and notes involved memos later deemed classified.
- Comey has pleaded not guilty to making a false statement and obstructing a congressional proceeding tied to his September 2020 Senate testimony about authorizing an FBI employee as an anonymous source; a motions hearing is set for Nov. 19 with trial scheduled for January.