Overview
- Federal prosecutors filed a 48-page brief asking a judge to deny James Comey’s motion to dismiss, saying the case is a proper effort to hold a former FBI director accountable.
- The filing contends President Trump’s social-media posts show a view that Comey committed crimes, which prosecutors say is not direct evidence of a vindictive motive.
- Comey has pleaded not guilty to charges of lying to Congress and obstructing a congressional proceeding and is currently scheduled for trial on January 5, 2026.
- Defense attorneys argue selective and vindictive prosecution, citing Trump’s “guilty as hell” post and the replacement of prior leadership in the Eastern District of Virginia.
- In a separate filing, the Justice Department defended interim U.S. attorney Lindsey Halligan’s authority and argued that even if her appointment were invalid, the indictment should not be thrown out.