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James Comey asks to quash his indictment, alleging political persecution from the White House

Attorneys for the former FBI director argue that the prosecution was motivated by President Trump’s personal vendetta.

James Comey

James ComeyAlex Edelman / AFP

Sabrina Martin
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Sabrina Martin

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Lawyers for former FBI director James Comey asked a federal court Monday to dismiss criminal charges against him, claiming the prosecution is in response to a political persecution driven by President Donald Trump.

In a presentation of more than 50 pages before Judge Michael Nachmanoff, who oversees the case in Alexandria (Virginia), the defense argued that the file contains "ample objective evidence" that would demonstrate an abuse of power of the Executive and constitutional violations that would invalidate the judicial process.

They allege "personal spite " from the White House.

Comey, who Trump fired in 2017 when he had not yet served half of his ten-year term as director of the FBI, faces allegations of document mishandling and false statements.

His lawyers contend that the origin of the charges is directly linked to the strained relationship between the two.

According to the defense, Trump ordered the Department of Justice to reopen a case against Comey after assuming his second term, motivated by "personal spite" and the former director's criticism of his management.

They question the appointment of the prosecutor in charge

The defense filed a second motion asking to dismiss the indictment due to what it considers an unconstitutional appointment of the prosecutor who led the case.

The document argues that Lindsey Halligan, Trump's former personal lawyer, was "illegally" appointed as acting U.S. attorney for the Eastern District of Virginia just three days before the charges against Comey were filed.

They ask to quash the indictment "with prejudice."

The lawyers are asking the court that the dismissal be "with prejudice," which would prevent the government from reopening the case in the future. They argue that such a decision would be necessary to "deter deliberately illegal conduct" by the Executive and preserve judicial independence.

According to legal standards, for a motion for "vindictive and selective" prosecution to succeed, the defense must show that prosecutors acted with personal animus toward the defendant and that the prosecution trial would not have occurred but for that hostility.
Judge Nachmanoff must decide in the coming weeks whether or not to grant the motions to dismiss in a case that once again puts the relationship between the White House and the judiciary under the spotlight during the current Republican administration.

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