**Former FBI Director James Comey Seeks Dismissal of Justice Department Indictment, Citing Political Persecution by Trump**
*Oct. 21 (UPI)* — Former FBI Director James Comey has asked a federal judge to dismiss the Justice Department’s indictment against him, arguing that he is being politically and unconstitutionally prosecuted by President Donald Trump due to their ongoing feud.
Comey has pleaded not guilty to charges of making a false statement and obstruction in connection with testimony he gave before the U.S. Senate Judiciary Committee in September 2020.
The indictment against Comey was filed late last month by a junior prosecutor who replaced U.S. Attorney Erik Siebert, who resigned under pressure from the Trump administration. Siebert had been accused by Trump of intentionally delaying action against Comey. The new U.S. attorney filed the indictment just days before the statute of limitations was set to expire.
In a 42-page motion filed Monday, Comey’s defense team argued that “the government has singled out Mr. Comey for prosecution because of his protected speech and because of President Trump’s personal animus toward Mr. Comey.” The motion continues, stating that “such a vindictive and selective prosecution violates the First Amendment, Due Process Clause and equal protection principles.”
At the center of the lawsuit is Comey’s testimony to the Senate committee investigating the FBI’s Crossfire Hurricane probe into alleged collusion between Russian officials and Trump’s 2016 election campaign.
The indictment accuses Comey of lying to Congress when he stated that he had not authorized an FBI employee to serve as an anonymous source for news reports. Although the indictment is not explicit, it appears to reference an exchange between Comey and Senator Ted Cruz. During this exchange, the Texas Republican asked Comey if he had authorized his then-deputy to speak with a reporter about the Crossfire investigation, to which Comey responded that he had not.
Comey has been an outspoken critic of Trump, who campaigned on seeking retribution against his political rivals. Trump fired Comey in May 2017 during his first term, citing the FBI’s handling of an investigation into his former political rival, Hillary Clinton.
In the dismissal motion filed Monday, Comey’s lawyers argue that the indictment is the product of “multiple glaring constitutional violations” and “an egregious abuse of power” by the White House. They allege that Trump ordered the Justice Department to prosecute Comey “because of personal spite.”
The defense further claims that Trump “publicly forced” Siebert’s resignation and then appointed a White House aide with no prosecutorial experience to the U.S. attorney position specifically to prosecute Comey.
“Objective evidence establishes that President Trump harbors genuine animus toward Mr. Comey, both based on Mr. Comey’s protected speech and based on President Trump’s arbitrary personal bias,” the motion states. “In response to Mr. Comey’s protected speech, President Trump has resorted to personal attacks and calls to retaliate against Mr. Comey through punishment and imprisonment.”
The trial is scheduled to begin in early January.
https://www.upi.com/Top_News/US/2025/10/21/James-Comey-indictment-dismissal-request/8571761036618/
