"The indictment in this case arises from multiple glaring constitutional violations and an egregious abuse of power by the federal government. The United States Constitution entitles individuals to speak out against the government and, in turn, forbids the government from retaliating against individuals for their protected speech. And bedrock principles of due process and equal protection have long ensured that government officials may not use courts to punish and imprison their perceived personal and political enemies."
"President Donald Trump's own words were used in a blistering motion to dismiss the case against former FBI Director James Comey for vindictive prosecution, among other things. Comey was indicted shortly after Trump publicly pressured Attorney General Pam Bondi to go after a list of enemies in a DM-style Truth Social post and again in remarks to reporters. Many experts have observed that Trump, who continued to rail against Comey uncontrollably, could be helping Comey build a case for malicious prosecution."
"But that is exactly what happened here. President Trump ordered the Department of Justice (DOJ) to prosecute Mr. Comey because of personal spite and because Mr. Comey has frequently criticized the President for his conduct in office. When no career prosecutor would carry out those orders, the President publicly forced the interim U.S. Attorney to resign and directed the Attorney General to effectuate justice against Mr. Comey."
James Comey's legal team, led by Patrick Fitzgerald, filed motions seeking dismissal of his indictment, asserting vindictive and selective prosecution and unlawful appointment claims. The motions allege constitutional violations, including retaliation for protected speech, due process and equal protection breaches, and use of courts to punish perceived personal and political enemies. The filings contend that President Trump publicly pressured Attorney General Pam Bondi and forced an interim U.S. Attorney to resign, then directed the Department of Justice to prosecute Comey and installed a White House aide in a prosecutorial role. The team seeks dismissal based on those constitutional and appointment defects.
Read at www.mediaite.com
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