From ABC News: With the future of the prosecution of James Comey in doubt after a judge expressed alarm Monday about a “disturbing pattern of profound investigative missteps” in the case, lawyers for the former FBI director are due in federal court Wednesday to argue that the indictment be thrown out over concerns it’s the product of a vindictive prosecution.
Defense lawyers have argued that the prosecutors are engaging in an act of political retribution at the behest of President Donald Trump — who they allege “expressly sought charges regardless of the facts” — to punish Comey for his outspoken criticism of the president.
“Bedrock principles of due process and equal protection have long ensured that government officials may not use courts to punish and imprison their perceived personal and political enemies. But that is exactly what happened here,” Comey’s lawyers argued in court filings.
Comey, 64, served as FBI Director from September 2013 until May 2017, when he was fired by President Donald Trump.
He was indicted by a federal grand jury on September 25 for serious crimes related to the disclosure of sensitive information, and for making a false statement.
Hours after his indictment, Comey posted a defiant video on social media proclaiming his innocence.
Reporting on the court proceedings Wednesday morning, L360 reporter Jared Foretek announced:
BREAKING: US Atty. Lindsey Halligan acknowledged in court Wednesday that the full James Comey grand jury never saw or voted on the final indictment that was handed up to the court back in September. The clarification came after several questions from the judge hearing the case.
According to Halligan and her voice counsel, changes were made to the draft indictment that was voted on by the full GJ to “reflect” the way the grand jury voted, but the edited version was then never presented to the full GJ. Comey’s attorney said it was grounds for dismissal.
According to Halligan and her voice counsel, changes were made to the draft indictment that was voted on by the full GJ to “reflect” the way the grand jury voted, but the edited version was then never presented to the full GJ. Comey’s attorney said it was grounds for dismissal.
— Jared Foretek (@JaredForetek) November 19, 2025
This is a developing story….
READ MORE from ABC News.
Lawyers for former FBI Director James Comey are due in federal court Wednesday to argue that the indictment be thrown out over concerns it’s the product of a vindictive prosecution. https://t.co/cz5nYcUmU9
— ABC News (@ABC) November 19, 2025
Comey first filed in an effort to get the case dismissed earlier this month. In return, the Justice Department blasted out a 48-page document loaded with evidence to support their case against him.
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