Comey says his charges should be thrown out due to Trump DOJ's 'flagrant legal violations'

Former FBI Director James Comey is now aiming for the full dismissal of all of his federal criminal charges on the grounds that President Donald Trump's Department of Justice (DOJ) failed to properly indict him.

CBS News correspondent Scott MacFarlane reported Friday that Comey's attorneys recently filed another motion to dismiss his case, arguing that acting U.S. attorney Lindsey Halligan never actually presented his official indictment to the grand jury.

"The government has thus committed a series of flagrant legal violations. And the government’s misconduct has threatened Mr. Comey’s liberty — even though Mr. Comey should be experiencing the peace of an expired statute of limitations," Comey's 29-page filing read.

The former FBI director was indicted in late September on two counts: Making false statements to Congress and obstruction of justice. That indictment came down just days before the five-year statue of limitations under the law was set to expire, and Halligan nearly failed to secure the requisite number of grand juror signatures in order to make the indictment stick.

However, Halligan made what may prove to be a massive blunder: In a Tuesday court hearing, DOJ prosecutors admitted to a magistrate judge that the grand jury had not actually seen the full indictment before she announced it. The judge then referred to Halligan as a "puppet" and a "stalking horse of Donald Trump."

"Because the two-count indictment was never presented to the full grand jury, there was no actual indictment within the five-year statute of limitations for the two charged crimes," MS NOW legal reporter Lisa Rubin wrote on X, summarizing Comey's Friday filing.

Halligan replaced Erik Siebert, who was effectively forced to resign as acting U.S. attorney for the Eastern District of Virginia after saying that there was not sufficient enough evidence to indict Trump's political opponents like Comey and New York Attorney General Letitia James (D).