A core claim used to undercut the prosecutions of President Trump’s foes will on Wednesday face its first real test in court.

Former FBI Director James Comey will seek to convince a judge to dismiss his case because he is the target of a selective and vindictive prosecution at the hands of Trump’s Justice Department.

Though the narrative of Trump’s retribution campaign against his political enemies has become pervasive, U.S. District Judge Michael Nachmanoff must decide whether Comey was unfairly singled out and his charges should be dropped.

Comey, an outspoken critic of the president since leaving his first administration, contends that Trump’s “personal spite” was the impetus of a two-count indictment stemming from 2020 testimony he gave Congress, brought just days before the statute of limitations was set to expire.

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