WASHINGTON--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.
