The Justice Department denies Comey’s selective prosecution claims in federal court filing
James Comey has pleaded not guilty
Former Assistant U.S. Attorney Andy McCarthy discusses the strength of the case the government brought against former FBI Director James Comey after he pleaded not guilty to making false statements and obstructing a congressional investigation.
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The Justice Department on Monday urged a federal court to reject former FBI Director James Comey’s attempt to dismiss his case, arguing that his claims of selective prosecution were baseless.
The Justice Department also denied, in its 48-page filing, that President Donald Trump’s September Social Truth post in which U.S. Attorney Pam Bondi called for the prosecution of prominent political opponents, including Comey, Sen. Adam Schiff, D-Calif., and New York Attorney General Letitia James, had any influence on the decision to bring charges.
“These posts reflect the President’s view that the Defendant committed crimes that should be prosecuted. They may even indicate that the President does not favor the Defendant. But they are not direct evidence of a retaliatory motive,” prosecutors said.
They continued: “The accused tells a story that requires leaps in logic and a large dose of sarcasm, and then describes the president’s post as a direct confession.” “There is no direct admission of a discriminatory purpose. On the contrary, the only direct admission from the president is that it is Justice Department officials who decide whether to prosecute or not, not him.”
Comey denies the accusations and declares, “I’m not afraid.”
Former FBI Director James Comey has been indicted on charges of making false statements and obstruction of Congress. (Ralph Alsowang/Disney General Entertainment Content via Getty Images)
Trump wrote in a Another September 20th On his Truth Social platform, he said “nothing was done” to Comey, Schiff, or James.
“They are all guilty as hell,” he said. “They impeached me twice, and charged me (5 times!) for nothing. Justice must be served now!!!”
The Wall Street Journal reported the general social truth It was intended for another As a private message to Bondi.
US Attorney Pam Bondi said that “no one is above the law” after former FBI Director James Comey was indicted by a federal grand jury on September 25, 2025. (Francis Chung/POLITICO/Bloomberg via Getty Images)
Comey’s accusation sparks political backlash across the country
Comey was indicted by a federal grand jury in late September on charges of making false statements and obstructing Congress. He pleaded not guilty.
for him The legal team filed a request on October 20 to dismiss the indictment on the grounds of retaliatory and selective prosecution. They also argued that Lindsey Halligan, the interim U.S. Attorney for the Eastern District of Virginia, was appointed illegally.
Halligan, Trump’s former personal lawyer, was appointed by the president following the resignation of Eric Seibert, the former US Attorney for the Eastern District of Virginia. Seibert reportedly resigned amid mounting pressure from the White House to bring charges against Comey and James.
Lindsey Halligan, special assistant to the president, speaks with a reporter outside the White House, Wednesday, Aug. 20, 2025, in Washington. (Jacqueline Martin/AP)
“The official who purported to secure and sign the indictment was improperly appointed to her position as interim Attorney General of the United States. Because of this fundamental constitutional and legislative defect, the indictment is invalid and must be dismissed.” Comey’s legal team wrote.
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The Justice Department insists that Halligan’s appointment as interim U.S. attorney general was legal, arguing that it was consistent with federal law and the Appointments Clause of the Constitution.
Comey’s trial is scheduled to begin in January 2026.