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The Latest: Comey’s lawyers to argue that Trump’s prosecution is vindictive, must be tossed

Prosecutors disclosed grand jury irregularities in the case against Comey, whose defense claims the indictment stems from President Trump’s personal vendetta and rushed legal tactics.

  • U.S. District Judge Michael Nachmanoff will hear Former FBI Director James Comey's motion on Nov. 19, allowing his lawyers to renew arguments and DOJ to respond.
  • President Donald Trump's Sept. 20 social media post to Attorney General Pam Bondi prompted renewed prosecutorial pressure, and Bondi then appointed Lindsey Halligan, interim U.S. attorney for the Eastern District of Virginia, who secured an indictment days before the statute-of-limitations deadline.
  • Magistrate Judge William Fitzpatrick's memorandum catalogued investigative and procedural failures, blasting Lindsey Halligan for a "disturbing pattern of profound investigative missteps" while prosecutors admitted only the grand jury foreperson and one other juror saw the altered indictment after Count One's rejection.
  • Comey's lawyers asked U.S. District Judge Michael Nachmanoff to dismiss the indictment with prejudice, arguing selective and vindictive prosecution, while Justice Department prosecutors deny these claims as dismissal motions proceed.
  • Given the constitutional stakes, defense lawyers argue the prosecution threatens separation-of-powers and free-speech protections, contending President Donald Trump directed it to punish a vocal critic, and legal experts say this case may be an exception to the typical failure of vindictive-prosecution motions.
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Real Clear Politics broke the news in Chicago, United States on Tuesday, November 18, 2025.
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