Washington, D.C. – October 21, 2025 – In a dramatic escalation of the ongoing legal feud between President Donald Trump and his former adversaries, ex-FBI Director James Comey filed a motion on Monday to dismiss federal charges against him, arguing that the prosecution stems from Trump's "personal vendetta" and constitutes vindictive and selective targeting. The move, detailed in court documents filed in the U.S. District Court for the Eastern District of Virginia, marks the latest chapter in what critics are calling a systematic weaponization of the Justice Department under Trump's second term.
Comey, 65, was indicted on September 25, 2025, by a federal grand jury in Alexandria, Virginia, on two felony counts: making false statements to Congress and obstruction of a congressional proceeding. The charges relate to his testimony before the Senate Judiciary Committee on September 30, 2020, during hearings on the FBI's investigation into potential ties between Trump's 2016 presidential campaign and Russian interference—an inquiry that has long fueled Trump's grievances against Comey. Prosecutors allege that Comey lied about authorizing leaks to the media regarding the Trump and Hillary Clinton investigations and obstructed the probe by misleading lawmakers on his handling of classified information.
Comey, who was fired by Trump in May 2017 amid the Russia probe, pleaded not guilty to both counts during his arraignment on October 9, 2025. In a video posted to Instagram shortly after the indictment, Comey expressed heartbreak for the Justice Department but affirmed his innocence: "My family and I have known for years that there are costs to standing up to Donald Trump, but we couldn't imagine ourselves living any other way. We will not live on our knees, and you shouldn't either." His legal team, led by former U.S. Attorney Patrick J. Fitzgerald, echoed this sentiment in Monday's 45-page motion, asserting that "objective evidence establishes that President Trump directed the prosecution of Mr. Comey in retaliation for Mr. Comey’s public criticisms and to punish Mr. Comey because of personal spite."
The attorneys pointed to a series of Trump's public statements as proof of animus, including a Truth Social post from September 24, 2025, where the president wrote, "JUSTICE MUST BE SERVED, NOW!!!"—a message Comey's lawyers interpret as a direct order to Attorney General Pam Bondi to pursue charges. They also highlighted Trump's repeated characterizations of Comey as "one of the worst human beings this Country has ever been exposed to" and a "corrupt head of the FBI." Furthermore, the motion challenges the legitimacy of U.S. Attorney Lindsey Halligan's appointment, a Trump loyalist and former personal attorney, who replaced Erik Siebert after the latter resisted indicting Comey due to insufficient evidence. Siebert's ouster, along with the resignations of other prosecutors—including Comey's son-in-law, Troy Edwards—underscores the internal turmoil at the Justice Department.
Legal experts note that while the bar for proving vindictive prosecution is high—requiring defendants to demonstrate prosecutors' "animus" led to charges that might not otherwise exist—Comey's case could test judicial tolerance amid Trump's overt interventions. "This isn't subtle," said former federal prosecutor Andy McCarthy, who described the indictment as "poorly done" and predicted it could be dismissed pre-trial. Laurie Levenson, a law professor at Loyola Marymount University, added that the grand jury's rejection of a third false-statement charge signals weaknesses in the case. If convicted, Comey faces up to 10 years in prison, though experts doubt the case will reach a jury given its procedural flaws.
This development arrives against a backdrop of intensified scrutiny on Trump's use of federal power for retribution, a theme that has defined his second term since inauguration in January 2025. Confirmed as the 87th Attorney General on February 4, 2025, by a 54-46 Senate vote, Bondi—a former Florida AG and staunch Trump defender—has overseen a flurry of investigations into the president's critics. In her first days, Bondi shuttered task forces on foreign influence and kleptocracy, signaling a pivot toward domestic political targets. Trump, who has vowed since his 2016 campaign to "lock up" opponents, has celebrated these moves, posting on Truth Social after Comey's indictment: "JUSTICE IN AMERICA! Make America Great Again."
Comey's prosecution is part of a broader pattern. On October 9, 2025, New York Attorney General Letitia James—whose 2022 civil fraud case against Trump resulted in a $464 million judgment (later partially overturned)—was indicted in the same Virginia court on charges of bank fraud and false statements to a financial institution. Prosecutors allege James misrepresented a Norfolk, Virginia, property as a secondary residence to secure a lower 3% mortgage rate in 2020, netting $18,933 in improper gains by renting it out instead. James, who has vowed to fight the "baseless" charges, called it a "political hit job" from a president she once sued for inflating asset values. The case followed the firing of a prosecutor who deemed evidence insufficient, mirroring the Comey saga.
Just days ago, on October 16, 2025, Trump's former National Security Adviser John Bolton faced an 18-count indictment in Maryland federal court for mishandling classified information. The charges, under the Espionage Act, accuse the 76-year-old hawk of sharing over 1,000 pages of "diary-like" top-secret notes via personal email and a group chat with family members during his 2018-2019 White House tenure—material later hacked by Iranian actors. Bolton, who resigned in 2019 amid clashes with Trump and later published a scathing memoir, denies wrongdoing, with his lawyers claiming the notes were unclassified or pre-cleared. Trump, who stripped Bolton's security detail post-inauguration, called him a "bad guy" upon news of the charges. If convicted, Bolton could face life in prison.
These cases have ignited fierce debate over the erosion of Justice Department independence. Former prosecutors and scholars warn of an "authoritarian" slide, with Trump's posts and firings—such as those of Comey's daughter Maurene from the Southern District of New York in July 2025—creating a chilling effect. MSNBC columnist Hayes Brown dubbed Trump a "petty tyrant," noting the parallel charges echo those once leveled against Trump himself, like classified documents mishandling. Democrats, including Senate Judiciary Committee Ranking Member Dick Durbin, have called for congressional oversight hearings, while Republicans like Rep. Elise Stefanik hail the indictments as "justice served."
Public reaction on X (formerly Twitter) has been polarized. Posts from outlets like Newsmax celebrated the charges as accountability, with one garnering over 22,000 views: "Comey asks judge to dismiss... claiming ‘vindictive’ case—evidence says otherwise." Progressive users decried it as "pure revenge," linking to reports on prosecutorial misconduct. International media, such as Al Jazeera and The New Arab, framed it as a U.S. democratic backslide.
As Comey's motion heads to Judge T. S. Ellis III for review—expected by mid-November—these prosecutions risk broader institutional damage. Historians draw parallels to Nixon's "enemies list," but Trump's approach is unprecedented in its transparency and speed. "The zealousness of Trump’s revenge campaign... could taint the case’s chances," warned The Guardian. For Comey, once a symbol of FBI integrity, the fight is personal: "Let’s have a trial and keep the faith."
Yet, as Axios reported, this "normalizes political retribution," with more names—including Sen. Adam Schiff—potentially on Trump's list. Bondi's DOJ insists all cases are evidence-driven, but skeptics abound. In a nation where trust in institutions hovers at historic lows, Comey's bid could force a reckoning: Is justice blind, or merely an extension of the Oval Office?
