FILE PHOTO: U.S. President Donald Trump looks on as he meets South African President Cyril Ramaphosa in the Oval Office of the White House in Washington, D.C., U.S., May 21, 2025. REUTERS/Kevin Lamarque/File Photo

Former FBI Director James Comey’s newly filed federal indictment could falter, and legal analysts point to President Donald Trump’s own public statements as a jeopardizing force.

Comey — whom Trump dismissed in 2017 — now faces charges of making false statements to Congress and obstructing a congressional proceeding. Prosecutors allege he misled a 2020 Senate committee about authorizing leaks during the Russia‑collusion investigations.

CNN noted in a report published Monday that the timing of the indictment is noteworthy. Trump has publicly pushed Attorney General Pam Bondi to prosecute his political adversaries. In a Truth Social post, he pressed her to act without delay, naming Comey, Sen, Adam Schiff (D-Calif.), and New York Attorney General Letitia James (D) as targets.

Given that backdrop, legal experts cited in the report say Comey may succeed in arguing the case should be tossed on constitutional grounds, asserting selective or vindictive prosecution. While such defenses rarely succeed, Trump’s overt public campaign against his foes may strengthen Comey’s position.

“It’s a better case for Comey, because the president won’t shut up,” said retired federal Judge John Jones, per the report.

“And that’s admissible, so he’s got a fighting chance, I think, on vindictive prosecution.”

Former federal Judge Shira Scheindlin went further, calling the prosecution “clearly vindictive,” and arguing a court could be more receptive to both selective and vindictive prosecution claims.

“He’s made it so obvious that he’s targeting them, regardless of the evidence, that I do think a judge would be far more receptive to probably both concepts, selective prosecution and vindictive,” Scheindlin said.

Other factors bolster Comey’s defense. Randall Eliason, a former U.S. prosecutor, flagged the firing of Erik Siebert, who was the U.S. attorney in the Eastern District of Virginia who declined to bring charges against Comey. Eliason also blasted his replacement by Lindsey Halligan — a Trump loyalist with little prosecutorial experience. That move, Eliason argued, “sets off all kinds of red flags.”

Comey has denied wrongdoing and declared he intends to prove his innocence. Meanwhile, Trump has continued to escalate his rhetoric. On Truth Social, he demanded that Comey “pay a very big price,” labeling him a “Dirty Cop” and condemning the judge overseeing the case, as he was appointed to his position by former President Joe Biden.

When asked to respond to commentary from judges, the White House said the indictment “speaks for itself,” while pledging the Trump administration looks forward to “fair proceedings in the courts.”