CNN senior legal analyst Elie Honig said Thursday that a Truth Social post from President Donald Trump may have handed former FBI Director James Comey a legal off-ramp in his criminal case.

The Department of Justice indicted Comey in September on two counts, one for allegedly making a false statement to Congress and another for obstructing a congressional investigation. Honig said on “The Lead with Jake Tapper” that Trump’s Truth Social post that was reportedly meant as a private message to Attorney General Pam Bondi but accidentally made public is critical evidence Comey could use to argue that his prosecution is politically motivated.

“That social media post will be exhibit A when Jim Comey moves to dismiss. And it will also be exhibit A when Letitia James moves to dismiss,” Honig told host Jake Tapper. “There is this doctrine called selective or vindictive prosecution. And it means if you can show, as a criminal defendant in federal court, that you’ve been singled out for political reasons or other improper reasons, the judge can throw the case out before it gets to a jury.”

That message, Honig said, could become a cornerstone of Comey’s defense.

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“Now, it’s really, really hard to win those motions. Defendants bring them all the time. They almost never win. But that’s because you don’t have a public posting where the President of the United States says it explicitly, like right there,” Honig said. “And I know that we’re hearing, look, Letitia James, there’s no question. It’s a fact. She politically targeted Donald Trump. She used her power as attorney general to bring a ridiculous lawsuit against him, which has now largely been vacated by the Court of Appeals. That said, that does not excuse or justify bringing a retributive criminal prosecution.”

Honig was referring to Trump’s Truth Social post, where the president emphasized the need for accountability and praised Lindsey Halligan as a strong lawyer. Trump said that he replaced the previous U.S. attorney in Virginia to ensure the case would be handled properly and without political bias. (RELATED: Kaitlan Collins Adds Context After Jake Tapper Downplays Trump’s Israel-Hamas Deal)

Comey pleaded not guilty Wednesday to the federal charges against him. Judge Michael Nachmanoff scheduled the trial for Jan. 5, 2026, though Comey’s attorney said the defense will file multiple motions seeking to have the case dismissed before it reaches a jury.

Comey plans to argue the indictment was a vindictive prosecution brought “at the direction of President Trump,” and will also challenge the legality of Interim U.S. Attorney Lindsey Halligan’s appointment, according to his lawyer Patrick Fitzgerald. Halligan filed the charges just days after replacing Erik Siebert, who resigned Sept. 19 following Trump’s demand for his removal.

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