DOJ denies selective prosecution of Comey in federal court filing

The Justice Department on Monday urged a federal court to reject former FBI Director James Comey’s request to dismiss his case, arguing that his claims of selective prosecution are unfounded.

The DOJ, in its 48-page filing, also denied that President Donald Trump’s September Truth Social message calling on U.S. Attorney General Pam Bondi to prosecute high-profile political adversaries, including Comey, Sen. Adam Schiff, D-Calif., and New York Attorney General Letitia James, had any influence on the decision to file charges.

“These messages reflect the President’s view that the defendant committed crimes that should be prosecuted. They may even suggest that the President disadvantages the defendant. But they do not constitute direct evidence of a vindictive motive,” prosecutors argued.

“The defendant tells a story that requires leaps of logic and a large dose of cynicism, then he calls the office of president a direct admission,” they continued. “There is no direct admission of discriminatory purpose. Rather, the only direct admission from the President is that it was DOJ officials who decided whether to prosecute, not him.”

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Former FBI Director James Comey has been charged with making false statements and obstructing a congressional proceeding. (Ralph Alswang/Disney General Entertainment Content via Getty Images)

Trump wrote in a Article from September 20 on its Truth Social platform that “nothing is being done” to Comey, Schiff or James.

“They are all guilty,” he said. “They indicted me twice and indicted me (5 times!), FOR NOTHING. JUSTICE MUST BE SERVED, NOW!!!”

The Wall Street Journal reported that the public program Truth Social the message was intended in private message to Bondi.

U.S. Attorney General Pam Bondi said “no one is above the law” after former FBI Director James Comey was indicted by a federal grand jury on September 25, 2025. (Francis Chung/Politico/Bloomberg via Getty Images)

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Comey was indicted by a federal grand jury in late September on charges of making false statements and obstructing a congressional proceeding. He pleaded not guilty.

Her the legal team filed a motion on October 20 to dismiss the indictment on grounds of vindictive and selective prosecution. They also argued that Lindsey Halligan, acting U.S. Attorney for the Eastern District of Virginia, was illegally appointed.

Halligan, Trump’s former personal attorney, was appointed by the president after the resignation of Erik Siebert, the former U.S. attorney for the Eastern District of Virginia. Siebert reportedly resigned amid growing pressure from the White House to press charges against Comey and James.

Lindsey Halligan, special assistant to the president, speaks with a reporter outside the White House, Wednesday, Aug. 20, 2025, in Washington. (Jacquelyn Martin/AP)

“The official who purported to obtain and sign the indictment was invalidly appointed to her position as Acting United States Attorney. As a result of this fundamental constitutional and statutory defect, the indictment is void and must be dismissed.” Comey’s legal team wrote.

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The Justice Department maintains that Halligan’s appointment as acting U.S. attorney was legal, arguing that it complied with federal law and the Appointments Clause of the Constitution.

Comey’s trial is expected to begin in January 2026.