Comey’s lawyers say the case against him is motivated by “personal animosity” toward Trump and should be dismissed

WASHINGTON (AP) — Lawyers for former FBI Director James Comey urged a judge Monday to dismiss the case against him, calling it a retaliation prosecution motivated by “personal animosity” and coordinated by a White House determined to seek revenge against a perceived enemy of President Donald Trump.

The lawyers separately called for the indictment to be dismissed over what they said was the illegal appointment of the US attorney general who brought the case days after Trump was hastily appointed to the position.

The two-pronged attack on the indictment, which accuses Comey of lying to Congress five years ago, marks the opening salvo in what is expected to be a protracted court battle ahead of the trial currently scheduled for January 5. The motions target not the substance of the charges but the unusual circumstances of the prosecution, which included Trump urging the attorney general to bring charges against Comey as well as his administration’s surprise appointment to a judicial position. A White House aide will serve as the top prosecutor for the elite office overseeing the case.

“The basic principles of due process and equal protection have long ensured that government officials do not use the courts to punish and imprison their perceived personal and political enemies,” wrote Comey’s defense team, which includes Patrick Fitzgerald, a former U.S. attorney in Chicago and longtime friend of Comey. “But that’s exactly what happened here.”

more: Read the Trump administration’s full indictment of former FBI Director Comey

They said the Justice Department brought the case because of Trump’s dislike of Comey, who as FBI director had drawn the wrath of the president in the early months of Trump’s first term by overseeing an investigation into possible ties between Russia and the 2016 Trump campaign. Trump fired Comey in May 2017. The two have been vocal rivals in the years since, with Comey calling Trump “unethical.” He likened him to a mafia boss, while Trump called Comey a “dishonest person” and called for him to be punished over the Russia investigation.

“The government singled out Mr. Comey for prosecution because of his protected speech and because of President Trump’s personal animosity toward Mr. Comey,” the defense attorneys wrote, adding that such a “retaliatory and discretionary prosecution” violates multiple provisions of the Constitution and should be dismissed.

Comey’s defense team had anticipated the pleas during his first and only court appearance in the case, where he pleaded not guilty.

Although motions claiming retaliatory prosecutions often don’t work, this motion lays out a timeline of events meant to connect Trump’s demands for a prosecution with the Justice Department’s scramble to obtain an indictment last month just before the statute of limitations expires.

Last month, for example, he complained in a Truth Social post directed at Attorney General Pam Bondi that “nothing has been done” in investigations into some of his opponents, and called for action, particularly regarding investigations into Comey, New York Attorney General Letitia James, and Democratic Senator Adam Schiff of California.

“Justice must be served now!!!” Part of the message said.

He appointed Lindsey Halligan, a White House aide who was one of Trump’s personal lawyers but has no experience as a federal prosecutor, to run the Eastern District of Virginia and replace Eric Seibert, who resigned as US attorney a day earlier amid administration pressure to charge Comey and James. Comey was indicted days later.

Comey’s lawyers argued that the social media post represented an admission that the government was prosecuting Comey for an “impermissible discriminatory purpose.”

“For many years, President Trump has sought to prosecute or otherwise punish Mr. Comey because of his public hostility to Mr. Comey’s protected speech and because of his personal bias against Mr. Comey,” the lawyers said. “But despite President Trump’s years-long campaign to prosecute Mr. Comey, no Attorney General or appointed prosecutor has ever agreed to do so. Thus, Mr. Trump made it clear to the Attorney General that the only way to achieve ‘justice’ against Mr. Comey was to oust Mr. Seibert and appoint Ms. Halligan.”

Defense attorneys said in a separate motion that the case was “fatally flawed” because Halligan was illegally appointed before she signed the indictment late last month.

“The President and the Attorney General appointed the President’s personal attorney as interim United States Attorney in violation of a clear statutory order so that the interim US Attorney could indict an outspoken critic of the President just days before the relevant statute of limitations expired,” the defense attorneys said.

This motion is expected to be heard by a different judge than the trial judge, U.S. District Judge Michael Nachmanoff.

Halligan is not the only US attorney facing a court challenge.

A federal appeals court in Philadelphia heard arguments Monday in a case challenging Alina Haba’s tenure as New Jersey’s top federal prosecutor. A panel of judges did not immediately issue a ruling but cast doubt on the validity of the maneuvers aimed at keeping Haba in her job.

Separately, defense attorneys and prosecutors argued in court papers over the Justice Department’s suggestion that Fitzgerald may have to step aside. Prosecutors asserted late Sunday in a lawsuit that Comey had previously used “lead defense counsel” to reveal classified information, an allegation the defense team called “patently false” and defamatory.

Associated Press writer Mike Catalini in Philadelphia contributed.