Former FBI Director James Comey’s defense team wants to kill the Trump administration’s case before it goes to trial, but legal experts say their chances of success are slim.
Comey’s attorney Patrick Fitzgerald indicated Wednesday that the defense intends to file motions alleging vindictive and selective prosecution “at the direction of President [Donald] Trump,” as well as challenging the appointment of the prosecutor who brought the indictment, Interim U.S. Attorney Lindsey Halligan.
If Halligan had not indicted Comey on Sept. 25, the statute of limitations would have expired within days, making it crucial for the government to prevail on a motion to dismiss. However, legal experts told the Daily Caller News Foundation the two motions Comey hopes to file will be difficult to prove.