Comey Pretrial Motions Highlight Patent Failure of the Indictment to State a Crime

As anticipated, former FBI Director James Comey asked the Virginia federal court on Monday to dismiss the Trump Justice Department’s indictment against him on the grounds that (a) he is being subjected to an unconstitutionally selective, vindictive prosecution, (b) by an interim U.S. attorney who is statutorily unqualified to serve in that position. (See our James Lynch’s report.) While the motions to dismiss appear strong, I believe that is secondary to what they convey about the disarray of the prosecution and incoherence of the charges.

I’ll address this in a series of posts. Let’s start with the big picture.