Comey seeks to have indictment tossed, arguing charges were driven by Trump's "personal animus" - CBS News
James Comey's Legal Battle: A Summary
On Monday, attorneys for former FBI Director James Comey filed a series of motions with the court in an effort to have the two-count federal indictment against him dismissed. The indictment, which was unsealed on September 4, 2021, charges Comey with lying under oath about his handling of classified documents related to his investigation into Hillary Clinton's email server.
Background
In May 2017, Comey announced that a new round of investigators had been brought in to examine the Clinton email case. This announcement was seen as a major disruption to the presidential campaign and sparked controversy among some Republicans who felt that it undermined the integrity of the investigation.
On July 5, 2017, Comey sent a letter to Congress stating that the FBI had found emails on a computer belonging to former Democratic National Committee chairman Debbie Wasserman Schultz. The letter was seen as a negative development for Clinton's campaign and was widely criticized by some Republicans.
On October 28, 2016, Comey had already announced in a statement to the press that the investigation into Clinton's email server was ongoing. This announcement was also controversial and sparked criticism from some who felt that it was premature and partisan.
The Indictment
On September 4, 2021, a federal grand jury indicted Comey on two counts of perjury. The indictment alleges that Comey lied under oath about his handling of classified documents related to the Clinton email investigation.
Count one of the indictment alleges that Comey lied about the scope of the investigation and whether he had discussed it with other officials. Count two of the indictment alleges that Comey lied about the status of the investigation in a statement he made to Congress in August 2016.
Comey's Defense
Comey's attorneys argue that the charges against him are unfounded and that the government has not presented sufficient evidence to support the allegations.
In their initial filing, Comey's attorneys argued that the indictment is based on "inferences and assumptions" rather than concrete evidence. They also claimed that the government had failed to provide Comey with adequate notice of the investigation into his handling of classified documents.
Motions for Dismissal
On Monday, Comey's attorneys filed a series of motions seeking to have the indictment dismissed before a potential trial date early next year.
One motion seeks to dismiss the charge of lying under oath about the scope of the investigation. Comey's attorneys argue that the government has not presented sufficient evidence to support this allegation and that the charge is "unfounded" and "without merit."
Another motion seeks to dismiss the charge of lying under oath about the status of the investigation in August 2016. Comey's attorneys argue that the statement he made was truthful and that the government has failed to provide sufficient evidence to contradict this claim.
Implications
The filing of these motions suggests that Comey's attorneys are determined to challenge the indictment and may be seeking a dismissal or a reduction in charges before a potential trial date early next year.
If the motions are successful, it could have significant implications for the investigation into Comey's handling of classified documents. It could also impact the broader narrative surrounding the Clinton email investigation and its role in the 2016 presidential election.
Next Steps
The case against Comey is ongoing, and a trial date has not been set. However, with the filing of these motions, it appears that Comey's attorneys are preparing for a potential trial.
In the coming weeks and months, it is likely that the court will schedule a hearing on the motions and consider the evidence presented by both sides.
Conclusion
The indictment against James Comey has sent shockwaves through the nation's capital. As the case moves forward, it will be important to follow developments closely and monitor the filings and hearings in this high-profile case.
Stay tuned for further updates as this story continues to unfold.