Comey Alleges Vindictive Prosecution, Illegal Appointment in Motions to Dismiss

The former FBI director said Trump’s statements pointed to a vindictive interest in prosecuting him.

James Comey speaks onstage during Former FBI Director James Comey In Conversation With MSNBC's Nicolle Wallace at 92NY in New York City on May 30, 2023. Dia Dipasupil/Getty Images

Former FBI Director James Comey is asking a federal judge to dismiss the Justice Department’s indictment of him, based on the idea that the Trump administration brought a vindictive and selective prosecution, along with using an illegally appointed prosecutor.

Two motions filed on Oct. 20 showed Comey and his attorneys alleging that Trump reached for a case against one of his political foes after multiple investigations, and the motions stated that prosecutors previouly said there wasn’t enough evidence.