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Doubts Deepen Over Comey Indictment as Prosecutor’s Legitimacy Is Challenged

Comey’s lawyers plan dismissal motions challenging the prosecutor’s appointment as unlawful, citing selective prosecution.

Overview

  • Former FBI Director James Comey faces a two-count federal indictment for allegedly lying to Congress and obstructing a congressional proceeding tied to 2020 testimony about authorizing media disclosures.
  • The grand jury narrowly approved the case, with 14 of 23 jurors voting to indict after rejecting a proposed third charge, an unusually divided outcome for a federal indictment.
  • The prosecution is led solely by newly appointed acting U.S. attorney Lindsey Halligan, who lacks prosecutorial experience, and reporting says DOJ career lawyers have declined to join and have denied her additional resources.
  • Legal experts across the spectrum say prosecutors face steep hurdles, and analysts expect defense motions alleging selective prosecution and a vacancies-law violation that could seek to invalidate Halligan’s appointment; conservative attorney George Conway argues the indictment is invalid on those grounds.
  • An open letter from 42 retired judges warns the case threatens free speech and the rule of law under President Trump, while separate reporting highlights disputed leak intermediaries and potential witnesses that could complicate the evidentiary record.