While federal prosecutors told a judge that defense attorney Patrick Fitzgerald could be conflicted because of his role in releasing memos James Comey wrote about Trump to the media, the defense would seek to dismiss the case against him.

According to lawyers for the former FBI director (FBI), filed a motion to dismiss the criminal case against him, calling it a vindictive and personally motivated process by the president.

Comey's defense team filed a motion in federal court in Virginia arguing that the case against their client, who is accused of perjury and obstruction of congressional proceedings, is the result of political persecution by Trump.

Comey was charged with making false statements and obstruction of Congress. The charges appear to be related to Comey’s alleged denial of involvement in other leaks during his 2020 testimony before a Senate committee. Comey’s lawyers filed a document claiming both charges are legally without merit and questioned the validity of acting U.S. Attorney Lindsey Halligan, the lead prosecutor, citing potential irregularities in her appointment. Halligan, a former Trump lawyer, was appointed acting U.S. Attorney for Virginia on September 22, after her predecessor, Erik Siebert, declined to file charges against Comey. In the filing and published by various media, the lawyers note that “President Trump directed the Department of Justice to prosecute Comey out of a personal grudge” and because the former FBI chief “has frequently criticized the President for his conduct in office.” In 2016, Comey, while still at the helm of the FBI, oversaw the investigation into possible Russian coordination and interference in Comey’s political campaign. Trump.

In recent weeks, Trump's Justice Department has also filed formal charges against other figures critical of the president,such as New York Attorney General Letitia James, who reported irregularities in the Republican's business dealings, and his former National Security Advisor John Bolton.