Comey Pretrial Motions: Selective, Vindictive Prosecution

Yesterday, we posted my piece looking at former FBI Director James Comey’s first round of pretrial motions seeking dismissal of the Trump Justice Department’s two-count indictment, charging him with making a false statement and obstruction of Congress, both allegedly arising out of his September 30, 2020, testimony before the Senate Judiciary Committee. In the column, I addressed why I believe it’s already clear that the indictment should be dismissed because (a) it fails to state a charge and (b) Comey’s disputed testimony was obviously true while the government’s version of it is incoherent — even though the defense won’t be filing a formal motion along those lines until the second round, due in a couple of weeks.

In the next this post and two that will follow, I will address two defense motions that have been filed and a prosecution gambit — seeking to lay the groundwork to disqualify Comey’s principal defense lawyer, Patrick Fitzgerald.

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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Yesterday, we posted my piece looking at former FBI Director James Comey’s first round of pretrial motions seeking dismissal of the Trump Justice Department’s two-count indictment, charging him with making a false statement and obstruction of Congress, both allegedly arising out of his September 30, 2020, testimony before the Senate Judiciary Committee. In the column, I addressed why I believe it’s already clear that the indictment should be dismissed because (a) it fails to state a charge and (b) Comey’s disputed testimony was obviously true while the government’s version of it is incoherent — even though the defense won’t be filing a formal motion along those lines until the second round, due in a couple of weeks.

In the next this post and two that will follow, I will address two defense motions that have been filed and a prosecution gambit — seeking to lay the groundwork to disqualify Comey’s principal defense lawyer, Patrick Fitzgerald.

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.