Ex-FBI director Comey seeks dismissal of charges, cites vindictive prosecution

Audio By Carbonatix

Enlarge

By Andrew Goudsward, Sarah N. Lynch and Jan Wolfe

WASHINGTON (Reuters) -Former FBI Director James Comey on Monday asked a federal judge to dismiss criminal charges against him, arguing that the U.S. attorney who brought the case was unlawfully appointed and that he is being unfairly targeted because of President Donald Trump’s “personal spite” against him.

The court filings from Comey, which accuse the Trump administration of “willfully unlawful conduct,” represent his best chance to get the charges quickly dismissed and avoid a jury trial. Comey previously said he is innocent and has “great confidence” that the court system will clear his name.

“The indictment in this case arises from multiple glaring constitutional violations and an egregious abuse of power by the federal government,” Comey’s legal team wrote in one of two filings, which said the case should be dismissed on the basis of it being a vindictive and selective prosecution.

“President Trump ordered the Department of Justice (DOJ) to prosecute Mr. Comey because of personal spite and because Mr. Comey has frequently criticized the President for his conduct in office,” his lawyers said.

A Justice Department spokeswoman declined to comment.

Comey was the first of three of Trump’s political foes to be criminally charged in recent weeks. Since then, the Justice Department has also brought charges against New York State Attorney General Letitia James, who filed a civil fraud lawsuit against Trump while he was out of power, and Trump’s former National Security Adviser John Bolton, who has publicly said Trump is unfit to be president.

Comey pleaded not guilty to charges of making false statements and obstructing a congressional investigation, which were brought by Lindsey Halligan, the top federal prosecutor in the Eastern District of Virginia. Halligan, a former personal lawyer for Trump with no prior prosecutorial experience, was put in the role at Trump’s urging after he forced out her predecessor over his reticence to prosecute Comey and James.

The indictment accuses Comey of authorizing an FBI employee to disclose information about a federal probe. The indictment does not identify the investigation, but it appears to relate to Hillary Clinton, Trump’s rival in the 2016 presidential race. 

In a second court filing on Monday, Comey’s lawyers said that Trump violated the law when he installed Halligan as interim U.S. attorney. Since she is the only person who signed the indictment, the case is not valid, they said.

“The official who purported to secure and sign the indictment was invalidly appointed to her position as interim U.S. Attorney. Because of that fundamental constitutional and statutory defect, the indictment is a nullity and must be dismissed,” they wrote. 

Halligan has not been confirmed to her position by the U.S. Senate, as is typical for high-level Justice Department officials. To install Halligan, the Justice Department is relying on a federal statute that lets someone who has not been confirmed by the Senate serve as a U.S. attorney on an interim basis for up to 120 days after the position becomes vacant.

Comey argues that “the text, structure, history, and purpose” of the statute all suggest it was not intended to allow for Halligan’s appointment. After the resignation of her predecessor, authority to fill the position shifted to the federal judiciary, the motion argues.

Comey’s case is being heard by U.S. District Judge Michael Nachmanoff in Alexandria, Virginia, who has set a January trial date. Nachmanoff has already said the motion arguing that Halligan’s appointment was invalid will be decided by a judge in another jurisdiction. 

The federal judiciary in Virginia played a role in appointing Halligan’s predecessor, and reassigning the motion will avoid the appearance of a conflict of interest, Nachmanoff said.

(Reporting by Andrew Goudsward, Sarah N. Lynch and Jan Wolfe in Washington and Matthew Lewis)