Former federal prosecutor Michael Moore said Monday that the Trump administration could be in trouble if the court asks it to explain the events leading up to the Department of Justice (DOJ) bringing charges against former FBI director James Comey.
"What was the motivation for bringing this case? What emails exist out there? What directives have we seen from the attorney general to this newly appointed U.S. attorney down there? What what was the motivation behind bringing the prosecution? That I think is going to make the government squirm more than anything else, because it really puts them on the hot seat, and it sort of opens up their hamper of dirty laundry as they think about the case," he said during a segment on CNN Monday.
When asked about the idea of tossing the case on the technicality that Lindsey Halligan was not appropriately appointed because she was appointed after a 120-day temporary term had already been filled, Moore said, "I think that's a good motion, too. There's a federal statute that actually says that you would appoint a temporary U.S. attorney, an interim U.S. attorney for 120 days. If that expires, then the judge can appoint can appoint somebody here."
He continued: "Trump has tried to get around that. And thereason that there's thisstatute is so that administrations can't bypass Congress's right to advise andconsent or the senate's right to hear thesecandidates and approve them."
Earlier on Monday, Comey's legal team filed a motion arguing that charges against him should be dismissed because of what they call “smoking gun evidence” of improper political influence.
Comey is charged with one count of making a false statement to Congress and another of obstructing a congressional proceeding.
But in the filings, his attorneys accuse President Donald Trump of directing the (DoJ) to prosecute Comey because of longstanding animus — and they point to the ex‑President’s public and social‑media attacks on Comey as evidence.
“The indictment in this case arises from multiple glaring constitutional violations and an egregious abuse of power by the federal government," the filing said.
A centerpiece of the defense’s argument is a collection of 60 pages of social media posts attributed to Trump, in which he repeatedly criticized Comey and called for him to be prosecuted.