"The record as it currently exists shows a clear causal link between President Trump's animus and the prosecution of Mr Comey, Comey's lawyers wrote in their request to dismiss the case, calling a 20 September Truth Social post in which he disparaged Comey and called for his prosecution smoking gun evidence. President Trump's repeated public statements and action leave no doubt as to the government's genuine animus toward Mr Comey."
"Trump forced out Erik Siebert, the US attorney for the eastern district of Virginia, in September and installed Lindsey Halligan, a White House aide. The Comey charges were filed days later. Comey's lawyers also argued on Monday that the case should be dismissed because Halligan was not lawfully appointed. The United States cannot charge, maintain, and prosecute a case through an official who has no entitlement to exercise governmental authority, they wrote."
James Comey formally asked a federal judge to dismiss criminal charges against him, asserting selective prosecution and unlawful appointment of the US attorney. Comey's lawyers alleged a causal link between President Trump's animus and the prosecution, citing a 20 September Truth Social post as evidence. Comey was indicted on 25 September on one count of making a false statement and one count of obstructing a congressional proceeding related to his 30 September 2020 testimony, and he pleaded not guilty. Career Justice Department prosecutors had concluded charges were unwarranted. Trump replaced US attorney Erik Siebert with Lindsey Halligan shortly before the indictment, and lawyers contend Halligan lacked lawful appointment authority.
Read at www.theguardian.com
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