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Justice Department Rebuts Comey’s ‘Vindictive’ Claim, Points to Emails and Notes

Prosecutors cite newly disclosed communications they say undercut his 2020 Senate testimony ahead of a Nov. 13 hearing on the prosecutor’s authority.

Overview

  • Federal prosecutors asked the judge to reject James Comey’s bid to dismiss his case, arguing he has not met the stringent standard for proving vindictive or selective prosecution.
  • DOJ said President Trump’s posts calling Comey “guilty as hell” reflect a belief that crimes occurred rather than a desire to punish protected speech, calling them no direct evidence of discriminatory motive.
  • In detailing evidence, prosecutors described personal emails in which Comey tracked and at times encouraged associate Daniel Richman’s anonymous outreach to reporters during late 2016.
  • Investigators reported finding handwritten notes and other records in a little‑used secure room at FBI headquarters that prosecutors say contradict parts of Comey’s 2020 testimony, including his awareness of certain 2016 intelligence.
  • The department defended interim U.S. attorney Lindsey Halligan’s appointment and argued dismissal is unwarranted even if it were found invalid; a hearing on that issue is set for Nov. 13, and trial remains scheduled for Jan. 5, 2026.