Justice Department defends criminal case against James Comey

Ryan Tarinelli, CQ-Roll Call on Nov 3, 2025

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WASHINGTON — The Justice Department defended its controversial criminal case against James B. Comey on Monday, arguing the former FBI director has not met the heavy burden needed to dismiss the case on vindictive prosecution grounds.

Federal prosecutors included further details about their case against Comey in a court filing, responding to an effort from Comey’s legal team to throw out charges that he lied to Congress and obstructed a congressional proceeding.

Those include short excerpts of Comey’s testimony under questioning from three Republican senators — Charles E. Grassley of Iowa, Susan Collins of Maine and Ted Cruz of Texas — about his “disclosure of memoranda concerning meetings with the President.”

Comey’s legal team has argued the charges should be dismissed because they are part of a vindictive and selective prosecution brought at the direction of President Donald Trump to retaliate against a vocal critic.

The government pushed back in Monday’s filing, arguing Comey has not provided direct evidence of a vindictive motive.

“His evidence — a mix of news reports, social-media posts, and speculation — is hardly evidence at all. It certainly isn’t ‘direct evidence’ of a vindictive motive,” the DOJ filing states.

Prosecutors also argue Comey has failed to show that the case was brought “solely” to punish him for exercising his First Amendment rights.

“So he has not carried his heavy burden of establishing vindictive prosecution,” the government’s filing states.

The government also argued the case was not selective in part because Comey has not pointed to similarly situated people who were not prosecuted.

“And he has not provided evidence that the decision to prosecute him was made because of his protected activities,” the Justice Department’s filing states.

Comey’s lawyers have pointed out that the charges came days after Trump publicly demanded the Justice Department prosecute his perceived political foe, and shortly after the administration named a White House aide to be a U.S. attorney. That official swiftly pursued the charges.

In a social media post to “Pam,” presumably the attorney general, Trump said he had read that Comey, Sen. Adam B. Schiff, D-Calif., and New York Attorney General Letitia James were “‘all guilty as hell, but nothing is going to be done.’”

Comey’s legal team also argues that interim U.S. Attorney Lindsey Halligan was improperly appointed and should not be able to bring the charges. The Justice Department also contested that claim in a separate filing Monday.

A federal grand jury indicted Comey in September, and he has pleaded not guilty.

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