A bipartisan group of more than 100 former Justice Department officials has asked a judge to dismiss the case against James Comey, arguing that the prosecution is driven by political motives. The group, which includes former attorneys general and US attorneys from past Republican and Democratic administrations, filed an amicus brief on Monday in Virginia federal court, the Washington Post reports. Rather than being based on "the evenhanded judgment of a disinterested prosecutor," the brief says, the decision to prosecute the former FBI director "represented an act of personal retribution by the President."
The filing maintains that President Trump's administration has departed from established norms about when to bring criminal charges. The brief cites department policies and professional standards barring prosecutions based on political beliefs or associations and notes that prosecutors should only file charges supported by probable cause. The former officials contend that the case against Comey is an example of "vindictive prosecution," a standard that is intentionally difficult to meet, but that they argue applies here, per the Post. Comey, fired by Trump during his first term, was charged last month with lying to Congress and has pleaded not guilty. Although such briefs often don't sway courts, the group hopes the judge will be won over by the broad experience of the signatories.