Former FBI Director James Comey filed a motion Monday to dismiss his criminal case based on “vindictive and selective prosecution.”

Comey was “singled out” based on his public criticism of President Donald Trump, who “harbors genuine animus” and “animosity” toward Comey, the ex-FBI director’s lawyers alleged in the 51-page filing.

“Here, President Trump’s ‘enforcement procedure’ — the eleventh hour appointment of a political ally for the express purpose of prosecuting a longtime critic, accompanied by a social media post pushing the DOJ to indict — is decisive evidence that the government would not have prosecuted Mr. Comey but for his ‘expression of ideas’ that President Trump disliked,” his attorneys claimed. (RELATED: Prosecutors Suggest James Comey’s Attorney Could Be Disqualified)

Comey pleaded not guilty Oct. 8 to charges for allegedly lying to Congress about authorizing “someone else at the FBI to be an anonymous source in news reports” about a Hilary Clinton investigation during his September 2020 testimony and obstructing a Congressional proceeding.

Interim U.S. Attorney for the Eastern District of Virginia (EDVA) Lindsey Halligan secured the indictment just four days after Trump selected her to replace Erik Siebert, who the president reportedly pushed out over unwillingness to bring charges. Comey’s attorneys also filed a motion to dismiss Monday based on what they called Halligan’s “unlawful” appointment by Trump.

Comey’s vindictive prosecution motion cites media reports based on anonymous leaks to argue that “career prosecutors ultimately concluded that no case should be brought against Mr. Comey.”

“Widespread and corroborated reporting about the findings of the unbiased investigators and prosecutors who assessed the case against Mr. Comey removes any doubt that no prosecution would have been brought but for animus,” Comey’s attorneys allege, stating this was corroborated by “the absence of any career prosecutor” from Halligan’s grand jury presentation.

NEW YORK, NEW YORK – MAY 30: Nicolle Wallace (L) interviews James Comey onstage during Former FBI Director James Comey In Conversation With MSNBC’s Nicolle Wallace at 92NY on May 30, 2023 in New York City. (Photo by Dia Dipasupil/Getty Images)

The FBI released in August internal memos related to its “Arctic Haze” leak investigation related to classified information that ended up in four news articles. The memos described how Comey directed the FBI to hire Columbia University law professor Daniel Richman as a “Special Government Employee” and give him “a Top Secret clearance,” noting Comey used Richman “as a liaison to the media.”

Comey’s defense team claims the indictment “misstates” his exchange with Republican Texas Sen. Ted Cruz during the 2020 hearing, when Cruz asked if Comey had authorized anyone to be an anonymous source in “news reports about the Trump investigation or the Clinton administration.”

“In fact, Mr. Comey’s September 2020 exchange with Senator Cruz made no reference whatsoever to Mr. Richman, who ultimately appears in the indictment as PERSON 3,” the motion states. “Instead, the context of the exchange confirms that Senator Cruz was asking about leaks by Mr. McCabe indeed, Senator Cruz asked Mr. Comey whether he or Mr. McCabe was ‘telling the truth.'” (RELATED: Here’s How James Comey Hopes To Stop His Case From Going To Trial)

At Comey’s Oct. 8 arraignment, his attorney Patrick Fitzgerald said the defense did not yet know the identities of Person 1 or Person 3 in the indictment. A footnote in Monday’s filing indicated the government confirmed on Oct. 15 these respective individuals are Hillary Clinton, the subject of the investigation, and Richman, who allegedly leaked information for Comey.

Comey’s motion also refers to posts Trump made on social media, including his Oct. 9 Truth Social post calling Comey “guilty as hell” and calling on Attorney General Pam Bondi to take action. Defense attorneys attached a 60-page list of public statements made by Comey and Trump to their motion.

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