Comey's Defense Attorneys File Motions to Dismiss Indictment

President Donald Trump ordered the prosecution of James Comey in retaliation for the former FBI director's criticisms, his lawyers said in a motion asking a federal judge to dismiss the indictment for alleged vindictive prosecution from an interim U.S. attorney that in another motion, they said is serving in the role unlawfully.

Attorneys for former FBI Director James Comey filed two motions on October 20, 2025, to dismiss the two-count indictment against him. One motion alleges the case is a vindictive prosecution instigated by President Trump, while the other claims the U.S. attorney who brought the charges was unlawfully appointed. 

Motion alleging vindictive prosecution

This motion argues that the prosecution is a politically motivated act of retribution by the Trump administration. 

• "Smoking-gun evidence": The motion cites a September 2025 social media post in which President Trump demanded his political opponents, including Comey, be prosecuted. Comey's lawyers call this post "smoking-gun evidence" of Trump's animus.
• Pattern of animosity: The filing details years of public statements by Trump calling for Comey to be jailed and referring to him with disparaging names.
• Timing: The defense notes that the indictment was secured just days before the statute of limitations was set to expire, and shortly after Trump's social media post.
• Constitutional grounds: Comey's lawyers assert that the Constitution forbids the government from retaliating against individuals for exercising their right to free speech. 

​Motion challenging the prosecutor's appointment

The second motion argues that the indictment is invalid because the U.S. attorney who brought the case was not properly appointed. 

• Unlawful appointment: Lindsey Halligan, the interim U.S. attorney for the Eastern District of Virginia who filed the indictment, was allegedly appointed unlawfully. Comey's lawyers contend that her predecessor's 120-day term had not concluded when she was installed, violating federal statute.
• Lack of career prosecutor involvement: The motion points out that career prosecutors in the office reportedly advised against bringing the case and that Halligan presented the case to the grand jury alone.
• Impact on the indictment: If the judge agrees that Halligan was improperly appointed, the entire indictment could be dismissed. According to Comey's attorneys, the statute of limitations would then prevent a new indictment from being filed. 

Indictment details

• Charges: The indictment charges Comey with one count of making a false statement to Congress and one count of obstruction of a congressional proceeding.
• Specifics: The charges relate to Comey's September 2020 testimony before the Senate Judiciary Committee regarding an anonymous source at the FBI.
• Defense argument: Comey's lawyers argue that his statement was literally true within the context of the question asked and did not mislead Congress. 

Next steps

• Prosecutors' response: The Department of Justice has until November 3, 2025, to file its response to the defense motions.
• Judge's ruling: The court will weigh the arguments and determine whether to dismiss the indictment.
• Additional motions: Comey's legal team has indicated that additional motions challenging the case are expected to be filed.

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