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Peter A. Joy, Professor of law, Washington University in St. Louis

James Comey’s lawyers face an uphill battle to prove selective or vindictive prosecution in his high-profile case

James Comey Donald Trump FBI Department of Justice

Patrice Failor, wife of former FBI Director James Comey, departs the courthouse following Comey's arraignment hearing in Alexandria, Va., on Oct. 8, 2025. Andrew Caballero-Reynold/AFP via Getty Images

Soon after President Donald Trump demanded in a social media post that the Department of Justice prosecute his perceived enemy, former FBI director James Comey, Comey was indicted on Sept. 25, 2025, for lying to a Congressional committee in 2020.

Comey’s lawyers have responded, filing a motion on Oct. 20, 2025, to dismiss the charges against him with prejudice – the “prejudice” being legal jargon for barring a refiling of the charges. Comey’s lawyers allege that the Justice Department’s prosecution is both selective and vindictive.

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