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Justice Department Pushes Back on Comey’s Dismissal Bid, Citing Emails and Defending Prosecutor’s Appointment

Prosecutors argue President Trump’s posts show a belief in guilt rather than a retaliatory purpose.

Overview

  • In filings Monday, prosecutors said James Comey has not met the high bar to prove vindictive or selective prosecution and urged the judge to keep the case intact.
  • The government outlined alleged communications with Daniel Richman, including messages about shaping press coverage in 2016, as central to the false‑statements charge.
  • DOJ defended interim U.S. Attorney Lindsey Halligan’s authority and argued that, even if her appointment were deemed invalid, the indictments should not automatically be dismissed.
  • Comey has pleaded not guilty to lying to Congress and obstructing a congressional proceeding tied to his 2020 Senate testimony and is seeking grand jury materials and other relief.
  • Pretrial hearings on the appointment and dismissal issues are set for November, and trial is scheduled for Jan. 5, 2026.