Key Takeaways

• Former FBI Director James Comey plans to seek a quick dismissal of the Comey charges.
• Legal experts say flawed documents and weak evidence make the Comey charges unlikely to survive.
• The Justice Department’s new prosecutor filed incorrect paperwork, undermining the case.
• Comey could win dismissal before a jury even sees the evidence.

The Justice Department accuses James Comey of making false statements and obstructing justice. Yet experts predict the Comey charges will not last long in court. A former federal prosecutor told news outlets that Comey will strike first with a bold plan to kill the case.

Why Comey Charges May Not Survive

Many legal minds think the Comey charges are doomed from the start. First, the case rests on testimony that prosecutors can’t even quote right. Second, the first prosecutor found no proof and was replaced. Finally, the replacement has little trial experience and filed flawed charging papers.

Moreover, the charges rely on Comey’s Senate testimony about the Russia probe. Trump’s team alleges he lied under oath. However, key details in that testimony are so mixed up that even prosecutors admit they can’t get them straight. This confusion weakens the government’s position.

Errors by the New Prosecutor

Shortly after firing the original prosecutor, the Justice Department tapped a defense lawyer with no significant trial history. That lawyer then filed the formal charges. Yet she made major mistakes. Court documents show the allegations misquote Comey’s own words.

Consequently, defense attorneys now have clear grounds to attack the case. They can argue that the charges are so sloppy they violate basic fairness rules. Under those rules, a trial cannot proceed when the accused faces unclear or inaccurate accusations.

What Comey Will Do First

According to Scott Fredericksen, the former federal prosecutor, Comey will move to dismiss on “very aggressive grounds.” He will likely start with a claim of vindictive prosecution. In other words, he’ll say the charges serve personal revenge, not valid law enforcement.

Next, Comey’s team will demand all documents related to internal Justice Department decisions. They will seek records from the original prosecutor who dropped the case. This step will cast more light on why Trump’s team rushed to refile charges.

Finally, Comey may challenge the venue, arguing that a federal district in Virginia has no real connection to the alleged statements. If successful, he could get the case moved or thrown out entirely.

What This Means for the Trial

If the judge agrees to any of these motions, the Comey charges might end before jury selection begins. Even if a trial goes forward, it may start with months of legal fights over procedure. That makes a quick resolution more likely.

Should the judge dismiss the case, the Justice Department could still refile charges. Yet doing so would risk more embarrassment. After all, a judge’s decision spotlights flaws in the government’s strategy. Few prosecutors want that kind of public defeat.

How the Public Sees It

Many see the move against Comey as political. After all, Trump fired Comey when he would not drop the Russia probe. Since then, the president has blamed him for nearly every investigation glitch. These high-profile events shape public opinion.

In polls, roughly half of Americans believe the charges serve political ends. The other half worry that dismissing them would let powerful figures avoid accountability. Regardless, both sides expect a dramatic court fight.

The Road Ahead

First, the judge will set deadlines for Comey’s motions. The government must then respond. Usually, this phase takes weeks or months. After that, the judge may hold a hearing to decide whether to toss the case.

Meanwhile, both camps will ramp up their messaging. Comey’s lawyers will push the idea of wrongful prosecution. The Justice Department will stress the need to punish lying under oath. Each side hopes to sway public opinion before trial.

Ultimately, the Comey charges case may show how legal battles play out in a polarized era. It will test whether courts can stay above political fray. Either way, it promises to draw national attention.

FAQs

How soon might Comey file to dismiss the case?

Comey’s team is expected to file dismissal motions within weeks of the indictment. They want a fast resolution.

What is vindictive prosecution?

Vindictive prosecution happens when officials charge someone to punish them, not to enforce the law. Comey will use this claim aggressively.

Can the Justice Department refile if the case is dismissed?

Yes. The government could bring new charges. However, a judge’s dismissal might discourage them from trying again.

Why do experts think the case is weak?

Experts point to mixed-up testimony, flawed charging documents, and a lack of clear evidence. These factors undermine the prosecution’s case.