Comey’s Legal Team Moves to Toss Trump-Era Charges

Comey Asks Court to Dismiss Case
What the Trump Justice Dept. Alleges
Two-Pronged Legal Attack
Political or Legal Reckoning?
What Happens Next in Court
Sources

Comey Asks Court to Dismiss Case

Former FBI Director James B. Comey has launched a vigorous legal counteroffensive against the Trump administration’s criminal case, with his attorneys filing motions this week to dismiss the charges entirely. Described by legal experts as a “two-front assault,” the defense argues the prosecution is both legally flawed and politically motivated.

“This case should never have been brought,” said Comey’s lead counsel in a court filing. “It rests on a distorted reading of the law and appears designed to punish a critic of the president, not uphold justice.”

What the Trump Justice Dept. Alleges

The Justice Department, under Attorney General Pam Bondi, charged Comey in August 2025 with two counts related to his handling of memos documenting private conversations with President Trump in 2017. Prosecutors claim Comey unlawfully retained classified information and disclosed it to the press without authorization.

The indictment centers on Comey’s decision to share details of one memo with a New York Times reporter—a move he later said was intended to trigger the appointment of a special counsel.

Two-Pronged Legal Attack

Comey’s legal team filed two separate motions to dismiss:

Constitutional grounds: They argue the charges violate the First Amendment by criminalizing speech that exposed potential presidential misconduct.
Statutory grounds: They contend the documents in question were not properly classified at the time of retention or disclosure—and that Comey, as FBI director, had lawful possession of them.

“Mr. Comey did not leak secrets,” the motion states. “He revealed a matter of profound public concern involving the highest office in the land.”

Political or Legal Reckoning?

Critics say the case is a clear act of political retaliation. Comey, who was fired by Trump in 2017, became a central figure in the Russia investigation and later a vocal critic of the former president.

“This isn’t about classified documents—it’s about silencing dissent,” said Barbara McQuade, a former U.S. attorney and law professor at the University of Michigan. “If you can prosecute Comey for this, you can prosecute any whistleblower.”

Supporters of the prosecution argue that no one is above the law. “Classification rules exist for national security, not convenience,” said a Justice Department spokesperson, who asked not to be named.

What Happens Next in Court

The judge has given the Justice Department until November 10 to respond to Comey’s motions. A hearing is tentatively scheduled for late November.

If the case survives dismissal, it could go to trial in early 2026—just months before the next presidential election. Legal analysts say the outcome could set a precedent for how future administrations handle leaks, whistleblowing, and executive accountability.

For now, James Comey remains free on personal recognizance, continuing to speak publicly about democratic norms and the rule of law—even as the James Comey case tests those very principles in court.