The Doj faces challenges in the James Comey Federal case

While the former director of the FBI, James Comey, looks at a federal accusation act with two counts alleging that he made a false declaration to the Congress and obstructed justice, the Ministry of Justice is confronted with a break up to obtain a conviction.

American interim lawyer Lindsey Halligan of the Virginia Oriental District is under pressure to advance the accusation against the formidable Comey defense team, which has several ways to challenge the accusations.

Halligan, an ally of Trump and a former insurance lawyer without prosecution experience, is faced with the possibility that Comey lawyers will submit requests to reject the case. If Comey has not succeeded and the case is tried, Halligan will then face a new obstacle: persuade a jury. Critics say that President Donald Trump, Halligan and any other number involved in the case could also see external repercussions to rush to bring what they consider as a fragile and rewarding act of reduction.

In terms of prior efforts, several lawyers have hypothesized that Comey will affirm in court that his two accusations should be rejected for many reasons.

The Comey indictment triggers fierce political reactions

James Comey was dismissed as Director of the FBI on May 9, 2017, after his management of the survey by E-mail Clinton. (Reuters)

Former American lawyer Barb McQuade from Michigan told Fox News Digital, a possibility is that Comey could say that the accusation was selective.

“To prevail on a request for selective prosecution, the defendant must show not only that the accusation was motivated by an inappropriate objective, but also that other people located in a similar way have been treated differently,” said Mcquade.

She said that it would be “remarkably easy to demonstrate the first factor”, highlighting Trump’s extraordinary comments on social networks openly saying that he wanted Comey to be accused of revenge. Comey, one of Trump’s best political enemies, led the FBI when he opened a controversial investigation into Trump during the alleged collusion of his 2016 campaign with Russia.

Mcquade said, however, that the second factor would be difficult to prove – that others had not been prosecuted for false declarations in the congress – because this “essentially requires that a defendant proves a negative”.

Comey denies the accusations, says: “I’m not afraid”

Lindsey Halligan, special assistant of the president, speaks with an exterior journalist outside the White House, Wednesday August 20, 2025, in Washington. (AP photo / Jacquelyn Martin)

Jim Trusty, a former MJ prosecutor who worked once in Trump’s defense team, told Fox News that the indictment was still at an early stage, the specific allegations remain vague and that an “wait and see” approach was the best. Trusty said, however, that the criticisms who claim that Trump arms the Doj against his enemies is wrong.

“Lawfare was certainly used as a weapon to continue Trump, but she also protected people, and you can therefore also consider this as four years of love from the Biden administration kept Comey out of the reticle,” said Trusty.

Trusty said that Comey’s indictment could be perceived as a “Tat for Tat”, or it could simply be “late”.

Mcquade said that at this early stage, she considered Comey’s acquittal as the “more likely” way that the Doj fails, stressing what she said was a “convoluted” language in the indictment.

She said he seemed to count on the testimony of the congress that Comey had given in 2020, when Senator Ted Cruz, R-Texas, referred to a question posed by Senator Chuck Grassley, R-Iowa, in 2017 to find out if Comey authorized a media leak. Cruz also slightly cited Grassley, she said.

The Ministry of Justice seeks to charge the former director of the FBI, James Comey, for having allegedly lied to the congress

A divided image of James Comey and Donald Trump. (Alex Kraus / Bloomberg via Getty Images; Andrew Harnik / Getty Images)

“Because the accusation must show that Comey knowingly and voluntarily made a false statement, this disorderly dossier can be a fatal defect,” said McQuade.

Former American lawyer John Fishwick, of the western district of Virginia, told Fox News Digital that if the court authorizes Comey to access all the files related to the “internal deliberations” of the DoJ on the case, these details could undermine the pursuit and strengthen a defense that the case was marred by political motivations.

“The greatest potential repercussions for the DoJ will be if the judge authorizes Comey’s legal team to put himself under the hood of the internal deliberations of the doj to continue or not to prosecute Comey,” Fishwick told Fox News Digital. “Comey’s team wants to say that this prosecution concerns politics and revenge, but it will need as much evidence as possible to support this assertion because the Doj counters the great jury charged Comey, not the Doj.”

Halligan’s appointment by Trump as an American prosecutor was a last -minute decision, while the five -year limitation period on Comey’s testimony expired on September 30. Trump ousted his predecessor, Erik Siebert, a 15 -year -old veteran from his political rivals.

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While Trump suggested that other accusation acts came down the pike, criticisms focused on Comey’s case, calling enough weakness for Trump to also risk indictment and that Halligan and any other prosecutor who decides to join the case for risky career sanctions. No MJ prosecutor joined Halligan in the case at this stage.

The former DOJ official Harry Litman, the host of “Talking Felds” and Vocal Trump Critic, said that “a certain responsibility” would come if the Democrats took the room next year, advocating that they imply Trump for what he says to be an abuse of power and obstruction of justice.

“If we can simply switch to mid-term and give the House of Representatives the power to assign all these jokes on Capitol Hill, to grill them, then to put Trump again … All the evidence of the crime that Donald Trump have just committed to the public inspection,” said Litman.

He too cited a report These career prosecutors advised Halligan to invoice Comey, suggesting that she was facing the “possibility of serious professional sanctions” because of this.