Overview
- In a Nov. 3 filing, DOJ argued James Comey has not met the heavy burden to show vindictive or selective prosecution and said the president’s posts reflect a belief in guilt rather than proof of retaliatory motive.
- Prosecutors attached emails, texts and notes describing Comey’s communications with Daniel Richman about shaping 2016 media coverage, which they say undercut Comey’s 2020 Senate testimony.
- The filing references handwritten notes dated Sept. 26, 2016 that prosecutors contend are inconsistent with Comey’s statements to senators about what he recalled.
- DOJ defended Interim U.S. Attorney Lindsey Halligan’s appointment and argued the indictments should stand even if her appointment were later deemed invalid, with a hearing on the issue set for next week in Alexandria.
- Comey has pleaded not guilty to lying to Congress and obstructing a congressional proceeding tied to his Sept. 30, 2020 testimony, with a trial set for Jan. 5, 2026, as his defense also presses literal-truth and ambiguity arguments that could be decided before any vindictiveness claim.