HomeNewsComey seeks to have indictment tossed for vindictive prosecution, questions about prosecutor's...

Comey seeks to have indictment tossed for vindictive prosecution, questions about prosecutor’s appointment


Attorneys for former FBI Director James Comey filed a slate of motions Monday, seeking to have the two-count federal indictment against him dismissed before a potential trial date early next year. 

Comey’s attorney, Patrick Fitzgerald, moved to dismiss the case on the grounds that it is based on a vindictive and unlawful prosecution, and is challenging the appointment of interim U.S. Attorney Lindsey Halligan to that role. 

The requests were expected, as Fitzgerald previewed them when he appeared alongside Comey during his arraignment earlier this month. He is expected to file a second tranche of filings to toss out the charges in the coming weeks.

U.S. District Judge Michael Nachmanoff has set a hearing on the first set of motions for Nov. 19 in Alexandria, Virginia.

This is a breaking story; it will be updated.

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