Attorneys for former FBI Director James Comey filed a slate of motions Monday, seeking to have the two-count federal indictment against him dismissed before a potential trial date early next year.
Comey’s attorney, Patrick Fitzgerald, moved to dismiss the case on the grounds that it is based on a vindictive and unlawful prosecution, and is challenging the appointment of interim U.S. Attorney Lindsey Halligan to that role.
Comey’s attorneys wrote that the charges arose due to an “egregious abuse of power,” and there are “multiple glaring constitutional violations” in the indictment. They argued that Mr. Trump ordered prosecutors to charge Comey due to “personal spite” and because Comey had “frequently criticized the President,” who fired Comey from his role leading the FBI in 2017 and has sparred with Comey for years.
The requests were expected, as Fitzgerald previewed them when he appeared alongside Comey during his arraignment earlier this month. He is expected to file a second tranche of filings to toss out the charges in the coming weeks.
U.S. District Judge Michael Nachmanoff has set a hearing on the first set of motions for Nov. 19 in Alexandria, Virginia.
This is a breaking story; it will be updated.
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