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Comey Asks Judge To Toss Charges, Claims ‘Vindictive’ Prosecution Is Political Payback

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October 21, 2025
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Comey Asks Judge To Toss Charges, Claims ‘Vindictive’ Prosecution Is Political Payback

Former FBI Director James Comey asked a federal judge to dismiss the Justice Department’s case against him on Monday, claiming he was the victim of a “vindictive” prosecution.

Comey was charged last month with making false statements to Congress and obstructing a congressional proceeding over his handling of an FBI investigation into Russia. In his motion to dismiss, he said that he has committed no crimes and is being targeted because of his criticism of President Donald Trump. 

“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. Such a vindictive and selective prosecution violates the First Amendment, Due Process Clause, and equal protection principles. The proper remedy for this unconstitutional prosecution is dismissal with prejudice,” his legal team wrote. 

The indictment accuses Comey of lying to Congress about authorizing a person identified as “Person 3” to leak information to the media. Person 3 was identified in Comey’s motion to dismiss as his longtime friend and Columbia Law School Professor Daniel Richman. He pleaded not guilty on October 8. 

Comey’s motion to dismiss alleges that the indictment “presents an inaccurate description of the testimony at the heart of this case.” His motion also cited Trump’s Truth Social posts about Comey before and after the indictment, including one on September 25 in which Trump celebrated the charges.

“JUSTICE IN AMERICA! One of the worst human beings this Country has ever been exposed to is James Comey, the former Corrupt Head of the FBI. Today he was indicted by a Grand Jury on two felony counts for various illegal and unlawful acts. He has been so bad for our Country, for so long, and is now at the beginning of being held responsible for his crimes against our Nation,” Trump wrote. 

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On Sunday, the Justice Department took aim at Comey’s defense, arguing that Patrick Fitzgerald, his lead lawyer, may be caught up in a conflict of interest. This is based on reports that Fitzgerald was involved in Comey’s media strategy in the days before Trump fired him. 

“Based on publicly disclosed information, the defendant used current lead defense counsel to improperly disclose classified information,” the DOJ said. “This fact raises a question of conflict and disqualification for current lead defense counsel.”

Fitzgerald has denied that he or Comey ever leaked classified information to the media. 

The complicated case is overseen by the U.S. District Court for the Eastern District of Virginia. A trial date has been set for January 5.

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On April 12, 2021, a Knoxville police officer shot and killed an African American male student in a bathroom at Austin-East High School. The incident caused social unrest, and community members began demanding transparency about the shooting, including the release of the officer’s body camera video. On the evening of April 19, 2021, the Defendant and a group of protestors entered the Knoxville City-County Building during a Knox County Commission meeting. The Defendant activated the siren on a bullhorn and spoke through the bullhorn to demand release of the video. Uniformed police officers quickly escorted her and six other individuals out of the building and arrested them for disrupting the meeting. The court upheld defendants’ conviction for “disrupting a lawful meeting,” defined as “with the intent to prevent [a] gathering, … substantially obstruct[ing] or interfere[ing] with the meeting, procession, or gathering by physical action or verbal utterance.” Taken in the light most favorable to the State, the evidence shows that the Defendant posted on Facebook the day before the meeting and the day of the meeting that the protestors were going to “shut down” the meeting. During the meeting, the Defendant used a bullhorn to activate a siren for approximately twenty seconds. Witnesses at trial described the siren as “loud,” “high-pitched,” and “alarming.” Commissioner Jay called for “Officers,” and the Defendant stated through the bullhorn, “Knox County Commission, your meeting is over.” Commissioner Jay tried to bring the meeting back into order by banging his gavel, but the Defendant continued speaking through the bullhorn. Even when officers grabbed her and began escorting her out of the Large Assembly Room, she continued to disrupt the meeting by yelling for the officers to take their hands off her and by repeatedly calling them “murderers.” Commissioner Jay called a ten-minute recess during the incident, telling the jury that it was “virtually impossible” to continue the meeting during the Defendant’s disruption. The Defendant herself testified that the purpose of attending the meeting was to disrupt the Commission’s agenda and to force the Commission to prioritize its discussion on the school shooting. Although the duration of the disruption was about ninety seconds, the jury was able to view multiple videos of the incident and concluded that the Defendant substantially obstructed or interfered with the meeting. The evidence is sufficient to support the Defendant’s conviction. Defendant also claimed the statute was “unconstitutionally vague as applied to her because the statute does not state that it includes government meetings,” but the appellate court concluded that she had waived the argument by not raising it adequately below. Sean F. McDermott, Molly T. Martin, and Franklin Ammons, Assistant District Attorneys General, represent the state.

by admin
October 8, 2025

From State v. Every, decided by the Tennessee Court of Criminal Appeals…

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