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Judge Weighs Comey Bid to Dismiss Indictment as Vindictive Prosecution

The hearing tests claims of political pressure on charging decisions after a magistrate flagged serious grand jury errors.

Overview

  • James Comey’s lawyers argue the case was brought to punish his criticism of President Trump, citing years of presidential posts and the late timing of the indictment near the statute-of-limitations deadline.
  • Defense filings highlight the appointment of Lindsey Halligan, a former personal lawyer to the president with no prior prosecutorial experience, to lead the case after her predecessor was pushed out.
  • Prosecutors counter that Comey cannot meet the high bar for proving vindictiveness, stressing that alleged false statements to Congress are grave and that Halligan harbored no animus.
  • U.S. Magistrate Judge William Fitzpatrick ordered disclosure of grand jury audio and records after finding a pattern of investigative missteps, but U.S. District Judge Michael Nachmanoff has paused that order during the government’s challenge.
  • A separate judge is expected to rule by Thanksgiving on whether Halligan was lawfully appointed, as a Jan. 5, 2026 trial date remains on the calendar pending these pretrial disputes.