Former FBI Director James Comey is asking a federal court in Virginia to dismiss the indictment brought against him by a former Trump aide who was recently installed to lead a prosecutor's office in the state.
"President Trump ordered the Department of Justice (DOJ) to prosecute Mr. Comey because of personal spite and because Mr. Comey has frequently criticized the President for his conduct in office," Comey's defense team alleged in an Oct. 20 motion.
The defense team argued that the evidence shows the case against Comey amounts to a "vindictive prosecution," and that's a reason for throwing out the case completely.
More: What's next legally for James Comey? His team plans to argue for dismissing the charges.
Comey was indicted by a federal grand jury in Alexandria, Virginia, Sept. 25 on charges that he lied to Congress and obstructed a congressional proceeding during testimony he gave before a Senate committee in 2020. The charges carry a maximum of five years in prison, but federal sentences typically fall below top penalties.
