Overview
- James Comey filed two motions to dismiss, alleging a vindictive and selective prosecution and arguing the indictment is void because interim EDVA U.S. attorney Lindsey Halligan was unlawfully appointed.
- Defense filings cite a Sept. 20 Truth Social post by President Trump urging action against Comey as “smoking gun” evidence, and note Halligan secured the indictment days before the statute of limitations.
- U.S. District Judge Michael Nachmanoff set a Nov. 19 hearing on the dismissal bids, while the challenge to Halligan’s appointment was assigned to another judge to avoid conflicts tied to prior judicial involvement.
- Prosecutors asked for a court-authorized filter team and suggested lead defense lawyer Patrick Fitzgerald may have a conflict; Comey’s team called the claim provably false and opposed expedited filter procedures.
- Comey has pleaded not guilty to making a false statement and obstructing a congressional proceeding related to 2020 testimony, a trial is set for Jan. 5, 2026, and the defense is seeking discovery into DOJ charging decisions.