With the future of the prosecution of James Comey in doubt after a judge expressed alarm Monday about a "disturbing pattern of profound investigative missteps" in the case, lawyers for the former FBI director are due in federal court Wednesday to argue that the indictment be thrown out over concerns it's the product of a vindictive prosecution.

Defense lawyers have argued that the prosecutors are engaging in an act of political retribution at the behest of President Donald Trump -- who they allege "expressly sought charges regardless of the facts" -- to punish Comey for his outspoken criticism of the president.

Former FBI director James Comey speaks during a Senate Intelligence Committee hearing on Capitol Hill, in Washington, June 8, 2017. AP Photo/Andrew Harnik, File

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