Overview
- James Comey filed two motions to dismiss, arguing he was selectively targeted because of President Trump’s personal animus and that the interim U.S. attorney who brought the case was unlawfully appointed.
- Comey’s filing points to a Sept. 20 Truth Social post urging action as “smoking gun” evidence and notes reporting that career prosecutors had declined to bring charges before the late-September leadership change.
- The indictment charges Comey with making false statements and obstructing a congressional proceeding tied to his Sept. 30, 2020 Senate testimony; he pleaded not guilty, and trial is set for January 5.
- Comey contends Lindsey Halligan’s appointment violated 28 U.S.C. § 546 because the 120‑day interim period had lapsed and district judges, not the attorney general, held the authority, making an indictment she signed a nullity.
- U.S. District Judge Michael Nachmanoff set a Nov. 19 hearing on initial motions and reassigned the appointment dispute to Judge Cameron McGowan Currie, as the defense also seeks discovery into DOJ charging decisions and rebuts a government claim that lead counsel has a conflict.