Former FBI Director Comey Says 2020 Testimony Cannot Support False Statements Case

Former FBI Director James Comey expanded his legal challenge on Thursday against a Trump administration criminal case, arguing that his Senate testimony was truthful and cannot substantiate charges of making false statements.

In their latest legal filing, Comey’s attorneys asserted that his 2020 testimony before the Senate was “literally true” and was given in response to ambiguous questioning from Republican Senator Ted Cruz of Texas. “Fundamental to any false statement charge are both clear questions and false answers,” the lawyers wrote. “Neither exists here.”

This filing represents Comey’s most recent effort to have the charges dismissed before trial. He has already submitted challenges claiming that the U.S. attorney who brought the case was unlawfully appointed and that the prosecution stems from former President Donald Trump’s “personal spite” toward him.

When asked for comment, a Justice Department spokesperson declined. Prosecutors are expected to respond to Comey’s arguments in court filings next month.

The case centers on allegations that Comey lied during a congressional hearing when he affirmed his previous testimony that he had not authorized FBI personnel to serve as anonymous sources for news reports about investigations into Trump and his 2016 Democratic opponent, Hillary Clinton. Comey has entered a plea of not guilty.

The indictment focuses specifically on Comey allegedly authorizing Daniel Richman, a former FBI special employee and law professor, to act as an anonymous source. However, Comey’s legal team argues that Senator Cruz’s questioning referenced a separate matter involving former FBI Deputy Director Andrew McCabe’s disclosures to the Wall Street Journal in 2016. They contend Comey could reasonably have interpreted Cruz’s questions as pertaining only to McCabe’s actions, not to FBI personnel more broadly.

Comey, who led the investigation into alleged connections between Trump’s 2016 campaign and Russia, is one of three perceived political opponents of Trump to face criminal charges in recent weeks. The Justice Department has also brought charges against New York Attorney General Letitia James, who filed a civil fraud lawsuit against Trump after he left office, and John Bolton, Trump’s former national security adviser who has publicly questioned Trump’s fitness for the presidency.

The case against Comey was brought by Lindsey Halligan, the top federal prosecutor in the Eastern District of Virginia. Halligan’s appointment has drawn scrutiny, as she previously served as personal counsel to Trump and lacked prosecutorial experience before assuming the role. According to court filings, Halligan was installed in the position at Trump’s urging after he removed her predecessor, who had reportedly been reluctant to pursue charges against Comey and James.

The string of prosecutions against Trump’s critics has raised concerns among legal experts about the potential politicization of the Justice Department under the current administration. These cases represent an unprecedented situation where a sitting president’s Justice Department is pursuing criminal charges against individuals who have publicly opposed or investigated him.

Comey’s relationship with Trump has been fraught since 2017 when Trump fired him as FBI Director while the bureau was investigating Russian election interference. That firing ultimately led to the appointment of Special Counsel Robert Mueller, whose investigation loomed over much of Trump’s first term in office.

A trial date for Comey’s case has not yet been set as the court considers his multiple challenges to the prosecution’s legitimacy.