By Steve Neavling
Federal prosecutors are pushing back against former FBI Director James Comey’s claims that he’s being vindictively prosecuted at the direction of President Donald Trump.
In a filing Monday, prosecutors said Comey “weaves a tale” of alleged “constitutional violations” without offering evidence to justify dismissing the case, ABC News reports.
“When the rigorous legal standard is applied to the facts here, it is clear that the defendant has failed to show the Constitution requires the Court to take the extraordinary step of dismissing this case,” prosecutors wrote.
Comey has pleaded not guilty to charges of lying to Congress and obstructing a congressional investigation stemming from his 2020 Senate testimony. He alleges the indictment is part of Trump’s campaign of political retribution against his perceived enemies.
Prosecutors defended Trump’s public calls for Comey’s prosecution, arguing they reflected his constitutional duty to “take care that the Laws be faithfully executed.” They called the case against the former FBI chief “of the highest order,” saying, “The societal interests in this prosecution are readily apparent and overwhelming.”
The filing also rejected Comey’s claims that newly appointed U.S. Attorney Lindsey Halligan was biased or unqualified. Halligan, a former White House aide and insurance lawyer, was named to lead the Eastern District of Virginia days before Comey’s indictment. Her appointment came after Trump replaced the previous U.S. attorney, who reportedly resisted pursuing charges against Comey and others.
“None of the President’s social-media posts express a desire for the defendant to be penalized for exercising his First Amendment rights,” prosecutors said. “Far from it. The President’s social-media posts are clear on why he thinks the defendant should be prosecuted: he thinks the defendant is ‘guilty as hell.’ That is not an expression of vindictiveness.”
A hearing on the validity of Halligan’s appointment is set for Nov. 13 in Alexandria, Va.
