DOJ denies Comey’s selective prosecution claims in federal courtroom submitting

The Division of Justice on Monday urged a federal courtroom to reject former FBI Director James Comey’s bid to dismiss his case, arguing that his claims of selective prosecution are unfounded.

The DOJ, in its 48-page submitting, additionally denied that President Donald Trump’s September Fact Social publish calling on U.S. Lawyer Common Pam Bondi to prosecute distinguished political adversaries, together with Comey, Sen. Adam Schiff, D-Calif., and New York Lawyer Common Letitia James, had any affect on the choice to deliver expenses.

“These posts replicate the President’s view that the defendant has dedicated crimes that must be met with prosecution. They might even recommend that the President disfavors the defendant. However they don’t seem to be direct proof of a vindictive motive,” prosecutors argued.

“The defendant spins a story that requires leaps of logic and a giant dose of cynicism, then he calls the President’s publish a direct admission,” they continued. “There isn’t a direct admission of discriminatory function. On the contrary, the one direct admission from the President is that DOJ officers determined whether or not to prosecute, not him.”

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Trump wrote in a Sept. 20 publish on his Fact Social platform that “nothing is being finished” to Comey, Schiff or James.

“They’re all responsible as hell,” he stated. “They impeached me twice, and indicted me (5 occasions!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!!”

The Wall Road Journal reported that the general public Fact Social publish was meant as a non-public message to Bondi.

U.S. Lawyer Common Pam Bondi stated “nobody is above the legislation” after former FBI Director James Comey was indicted by a federal grand jury on September 25, 2025. (Francis Chung/Politico/Bloomberg by way of Getty Photos)

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Comey was indicted by a federal grand jury in late September on expenses of false statements and obstructing a congressional continuing. He pleaded not responsible.

His authorized crew filed a movement on Oct. 20 to dismiss the indictment on grounds of vindictive and selective prosecution. In addition they argued that Lindsey Halligan, the interim U.S. Lawyer for the Jap District of Virginia, was unlawfully appointed.

Halligan, Trump’s former private legal professional, was appointed by the president after Erik Siebert, the previous U.S. Lawyer for the Jap District of Virginia, resigned. Siebert reportedly resigned amid mounting stress from the White Home to deliver expenses towards Comey and James.

Lindsey Halligan, particular assistant to the president, speaks with a reporter exterior of the White Home, Wednesday, Aug. 20, 2025, in Washington. (Jacquelyn Martin/AP)

“The official who presupposed to safe and signal the indictment was invalidly appointed to her place as interim U.S. Lawyer. Due to that basic constitutional and statutory defect, the indictment is a nullity and have to be dismissed,” Comey’s authorized crew wrote.

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The Justice Division maintains that Halligan’s appointment as interim U.S. legal professional was lawful, arguing that it was in keeping with federal statute and the Structure’s Appointments Clause.

Comey’s trial is scheduled to start in January 2026.