The Department of Justice urged a federal judge to reject former FBI Director James Comey’s claim that he was selectively prosecuted by the Trump administration.
“The defendant spins a tale that requires leaps of logic and a big dose of cynicism, then he calls the President’s post a direct admission,” prosecutors wrote, defending a Truth Social post from President Trump. “There is no direct admission of discriminatory purpose. To the contrary, the only direct admission from the President is that DOJ officials decided whether to prosecute, not him.”
“None of the President’s social-media posts express a desire for the defendant to be penalized for exercising his First Amendment rights. Far from it,” Justice Department lawyers wrote. “The President’s social-media posts are clear on why he thinks the defendant should be prosecuted: he thinks the defendant is ‘guilty as [removed].’ That is not an expression of vindictiveness.”
“The societal interests in this prosecution are readily apparent and overwhelming. The defendant is a former FBI director who lied to Congress about his conduct while at the helm of the nation’s primary federal law-enforcement agency. His prosecution implicates societal interests of the highest order,” they stated. “Nonetheless, he asks the Court to take the extraordinary step of dismissing his indictment because—he says—he is being vindictively and selectively prosecuted. Given the deep-seated separation-of-powers principles at stake, his request can be granted only if ‘the Constitution requires it.’”
Comey’s lawyers argued last month that he was victim of a “vindictive and selective prosecution” in violation of the “First Amendment, Due Process Clause, and equal protection principles.”
Federal prosecutors have also moved to remove former Comey’s lawyer. The lead attorney, Patrick Fitzgerald, may have a conflict of interest in the case.
“Based on publicly disclosed information, the defendant used current lead defense counsel to improperly disclose classified information,” prosecutors Tyler Lemons and Gabriel Diaz wrote in the filing. “This fact raises a question of conflict and disqualification for current lead defense counsel.”
