James Comey Seeks To Dismiss 'selective And Vindictive' Case Against Him In Key Hearing

James Comey will look earlier a national judge successful Virginia connected Wednesday arsenic his attorneys reason that nan erstwhile FBI head is facing a “selective and vindictive” prosecution by nan Trump administration, a cardinal proceeding that could find nan early of nan case.

Comey was charged successful September pinch making a mendacious connection to Congress and obstructing a legislature proceeding, days aft President Donald Trump publically urged Attorney General Pam Bondi to prosecute Comey and others. Comey pleaded not guilty to nan charges.

Comey’s lawyers judge nan Trump management has singled retired their customer because of his protected reside and what they telephone Trump’s “personal animus” toward Comey. Trump fired Comey arsenic FBI head successful 2017 aft nan 2 fought complete nan Justice Department's investigation into nan Trump campaign's ties to Russia. Comey had been an outspoken professional of Trump since then.

“The Constitution forbids nan authorities from prosecuting an individual based connected his protected reside aliases based connected a authorities official’s animus toward nan individual,” attorneys for Comey wrote successful filings. “Objective grounds establishes that President Trump directed nan prosecution of Mr. Comey successful retaliation for Mr. Comey’s nationalist criticisms and to punish Mr. Comey because of individual spite.”

Comey’s squad has provided nan tribunal pinch pages of examples of Trump’s disparaging posts and comments astir nan erstwhile FBI director. The posts are apt to play a domiciled successful Wednesday's hearing, particularly Trump's connection to Bondi. Legal experts told NBC News successful September that Trump's station could backfire.

Comey's lawyers want U.S. District Judge Michael Nachmanoff to disregard nan lawsuit pinch prejudice, meaning nan lawsuit cannot beryllium brought for a 2nd time. These types of motions seldom win successful court, but ineligible experts opportunity if location was ever a business wherever it would succeed, this lawsuit whitethorn beryllium nan one.

Patrick J. Cotter, a erstwhile national charismatic who is now a partner astatine UB Greensfelder, told NBC News nan grounds supporting Comey's effort is incredibly strong, contempt nan precocious barroom for specified motions.

“This is that rarest of each beasts. This is really a vindictive prosecution,” Cotter said. “If location is ever going to beryllium a vindictive prosecution mobility that is successful, it will beryllium this motion."

Cotter pointed to nan grounds that Trump ordered nan lawyer wide to indict Comey and others, and his long-standing animus toward nan erstwhile FBI director.

The Trump management argues nan charges against Comey are legitimate.

“The societal interests successful this prosecution are readily evident and overwhelming. The suspect is simply a erstwhile FBI Director who lied to Congress astir his behaviour while astatine nan helm of nan Nation’s superior national law-enforcement agency. His prosecution implicates societal interests of nan highest order,” DOJ wrote successful a filing.

Comey, it says, “asks nan Court to return nan bonzer measurement of dismissing his indictment because — he says — he is being vindictively and selectively prosecuted. Given nan deep-seated separation-of-powers principles astatine stake, his petition tin beryllium granted only if “the Constitution requires it.”

Comey and New York Attorney General Letitia James, whom nan Trump management indicted successful October, separately revenge motions to disqualify acting U.S. Attorney Lindsey Halligan from her station connected nan grounds that her assignment was unlawful.

Trump named Halligan, a erstwhile Trump individual lawyer pinch nary anterior acquisition arsenic a prosecutor, aft her predecessor resigned under pressure to indict Comey and James.

A abstracted judge, Magistrate Judge William Fitzpatrick, earlier this period accused nan DOJ of taking a “indict first, analyse later” approach to Comey's case.