Former FBI Director James Comey’s legal team is calling for the case against him to be dismissed after President Donald Trump publicly called for his prosecution and celebrated his indictment.
Comey’s lawyers filed a 51-page motion seeking to have the case dismissed on Monday.
They argued that the government singled out Comey for prosecution in part because of Trump’s “personal animus toward Mr. Comey” as well as his protected right to criticize Trump.
“Such a vindictive and selective prosecution violates the First Amendment, Due Process Clause, and equal protection principles,” the motion reads. “The proper remedy for this unconstitutional prosecution is dismissal with prejudice.”
The filing said that anything less than a dismissal that prevents prosecutors from refiling the case woul