Ex-FBI director Comey seeks dismissal of criminal charges, citing Trump’s ‘spite’

James Comey’s filing claims ‘multiple glaring constitutional violations and an egregious abuse of power’ by the Trump administration

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Former FBI director James Comey during his court arraignment in early October. Image: Dana Verkouteren via AP

Published: 6:17am, 21 Oct 2025Updated: 11:09am, 21 Oct 2025

Former FBI director James Comey on Monday asked a federal judge to dismiss criminal charges against him, arguing that the US lawyer who brought the case was unlawfully appointed and that he is being unfairly targeted because of US President Donald Trump’s “personal spite” against him.

The court filings from Comey, which accuse the Trump administration of “wilfully unlawful conduct”, represent his best chance to get the charges quickly dismissed and avoid a jury trial. Comey previously said he is innocent and has “great confidence” that the court system will clear his name.

“The indictment in this case arises from multiple glaring constitutional violations and an egregious abuse of power by the federal government,” Comey’s legal team wrote in one of two filings, which said the case should be dismissed on the basis of it being a vindictive and selective prosecution.

“President Trump ordered the Department of Justice (DOJ) to prosecute Mr Comey because of personal spite and because Mr Comey has frequently criticised the president for his conduct in office,” his lawyers said.

James Comey in a video message on September 25, 2025, that he was innocent. Photo: James Comey via Instagram

A Justice Department spokeswoman declined to comment. Comey was the first of three of Trump’s political foes to be criminally charged in recent weeks.

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