Judge in Comey case questions prosecution's approach

[struggle4progress]

Oct. 21, 2025, 4:34 PM EDT
By Jordan Rubin

A federal judge has rejected another early motion from the Justice Department in James Comey’s criminal case. As was true of a ruling siding with the former FBI director last week, this latest decision also questions the approach taken by the Lindsey Halligan-led DOJ team.

While last week’s order said Halligan’s discovery proposal would cause needless delay, Monday’s order from U.S. District Judge Michael Nachmanoff rejected the DOJ’s request for an expedited ruling on how potentially sensitive evidence is processed through what is known as a filter protocol.

Halligan (who lacks prior prosecutorial experience) and her team (two DOJ prosecutors from North Carolina) made the motion to expedite the day before Comey’s first two big motions were due Monday. In those motions, he is seeking to dismiss the case based on what he says is the unlawfulness of Halligan’s appointment in Virginia and the selective and vindictive nature of his prosecution. The DOJ will respond to those next month.

The prosecution’s failed motion sought a speedy ruling on the government’s proposed implementation of a filter protocol, which the DOJ said is needed quickly to “avoid potential delay.” It said the evidence for filter review “could also inform a potential conflict and disqualification issue for the current lead defense counsel, Patrick Fitzgerald” ...

https://www.msnbc.com/deadline-white-house/deadline-legal-blog/comey-lindsey-halligan-doj-expedited-ruling-rejected-rcna238954

[struggle4progress]

1. Trump Rants Cited In Motion To Dismiss Comey Case

Tommy Christopher
Oct 21st, 2025, 12:46 pm

~snip~

The indictment in this case arises from multiple glaring constitutional violations and an egregious abuse of power by the federal government. The United States Constitution entitles individuals to speak out against the government and, in turn, forbids the government from retaliating against individuals for their protected speech. And bedrock principles of due process and equal protection have long ensured that government officials may not use courts to punish and imprison their perceived personal and political enemies. But that is exactly what happened here.

President Trump ordered the Department of Justice (DOJ) to prosecute Mr. Comey because of personal spite and because Mr. Comey has frequently criticized the President for his conduct in office. When no career prosecutor would carry out those orders, the President publicly forced the interim U.S. Attorney to resign and directed the Attorney General to effectuate “justice” against Mr. Comey. He then installed a White House aide with no prosecutorial experience as interim U.S. Attorney. The President’s new hand-picked interim U.S. Attorney indicted Mr. Comey just days later—and days before the relevant statute of limitations was set to expire.

Attached to the motion was a whopping 59-page list of attacks by Trump on Comey dating back to 2017.

~snip~

https://www.mediaite.com/media/news/trump-rants-cited-in-blistering-motion-to-dismiss-comey-case-for-vindictive-and-selective-prosecution/