"Along with his motions to dismiss because Lindsey Halligan was unlawfully appointed and for vindictive and selective prosecution, Jim Comey included a 60-page filing of all the mean things Donald Trump has said about him, dating from May 2, 2017 to September 27, 2025. With very few examples, there's very little that wasn't already public: Lindsey the Insurance Lawyer's appointment, showing that she was appointed under 28 USC 546, which Ed Whelan has argued is unlawful."
"There's nothing (besides the appointment) hinting at what Comey received in discovery. Curse you, Pat Fitzgerald!!! That has the advantage of allowing Comey to submit everything in unredacted fashion (his response to the loaner prosecutors' bid to breach his privilege did have key redactions). It likely also had the advantage of being mostly written by the time of the arraignment."
"The indictment misstates the exchange between Senator Cruz and Mr. Comey. Senator Cruz asked Mr. Comey to affirm or deny prior testimony that he authorized "someone else at the FBI to be an anonymous source in news reports about . . . the Clinton Administration." But Hillary Clinton was not elected, and Senator Grassley's original questioning in 2017 related to the "Clinton investigation." See FBI Oversight Transcript at 5, Exhibit B."
Comey filed motions to dismiss on grounds that Lindsey Halligan was unlawfully appointed and that prosecution was vindictive and selective. Comey attached a 60-page compilation of public statements by Donald Trump about Comey from May 2017 to September 2025. The filing highlights Halligan's appointment under 28 U.S.C. 546, a provision argued by some to be unlawful, and includes a footnote identifying Person 1 as Hillary Clinton and Person 3 as Daniel Richman. The submission contains few discovery hints and was largely unredacted. The filing identifies a mischaracterization of Comey's exchange with Senator Cruz that may form a literal-truth dismissal motion.
Read at emptywheel
Unable to calculate read time
Collection
[
|
...
]