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James Comey asks the court to dismiss the indictment against him.
Reposted by Mike Masnick
https://bsky.app/profile/mmasnick.bsky.social
Mayor of Halloween Town
@joshuajfriedman.com
NEW: James Comey asks the court to dismiss the indictment against him because he responded to Ted Cruz’s "fundamentally ambiguous questions with literally true answers."
https://storage.courtlistener.com/recap/gov.uscourts.vaed.582136/gov.uscourts.vaed.582136.105.0.pdf
INTRODUCTION
Count One of the indictment seeks to punish Mr. Comey for seconds of testimony he
gave in response to compound and ambiguous questioning. But longstanding principles of
criminal law make clear that the government cannot prove a violation of 18 U.S.C. § 1001(a)(2)
unless it establishes that the defendant gave false answers to precise questions. Here, the indictment conspicuously omits the lengthy, confusing questions that prompted Mr. Comey's testimony. Specifically, after speaking for more than a minute, Senator Ted Cruz asked Mr.
Comey to recall statements he had made three years earlier and to simultaneously address
statements that Senator Cruz incorrectly claimed were made by Andrew McCabe, the former Deputy Director of the Federal Bureau of Investigation (FBI. In doing so, Senator Cruz never indicated that he wanted Mr. Comey to address the statements or activities of any person except for Mr. McCabe. Viewed in context, Senator Cruz's questions cannot form the basis for a violation of Section 1001(a)(2) because they were fundamentally ambiguous. And, regardless, Mr. Comey's answers to them were literally true.
Count One thus must be dismissed under
Federal Rule of Criminal Procedure 12(b)(3)(A). Count Two should be dismissed for the same
reason to the extent it rests on those same alleged false statements, and for the independent
reason that it deprives Mr. Comey of his right to notice of the charge against him.
ALT
October 30, 2025 at 4:16 PM
@joshuajfriedman.com
NEW: James Comey asks the court to dismiss the indictment against him because he responded to Ted Cruz’s "fundamentally ambiguous questions with literally true answers."
https://storage.courtlistener.com/recap/gov.uscourts.vaed.582136/gov.uscourts.vaed.582136.105.0.pdf
INTRODUCTION
Count One of the indictment seeks to punish Mr. Comey for seconds of testimony he
gave in response to compound and ambiguous questioning. But longstanding principles of
criminal law make clear that the government cannot prove a violation of 18 U.S.C. § 1001(a)(2)
unless it establishes that the defendant gave false answers to precise questions. Here, the indictment conspicuously omits the lengthy, confusing questions that prompted Mr. Comey's testimony. Specifically, after speaking for more than a minute, Senator Ted Cruz asked Mr.
Comey to recall statements he had made three years earlier and to simultaneously address
statements that Senator Cruz incorrectly claimed were made by Andrew McCabe, the former Deputy Director of the Federal Bureau of Investigation (FBI. In doing so, Senator Cruz never indicated that he wanted Mr. Comey to address the statements or activities of any person except for Mr. McCabe. Viewed in context, Senator Cruz's questions cannot form the basis for a violation of Section 1001(a)(2) because they were fundamentally ambiguous. And, regardless, Mr. Comey's answers to them were literally true.
Count One thus must be dismissed under
Federal Rule of Criminal Procedure 12(b)(3)(A). Count Two should be dismissed for the same
reason to the extent it rests on those same alleged false statements, and for the independent
reason that it deprives Mr. Comey of his right to notice of the charge against him.
ALT
October 30, 2025 at 4:16 PM
NEW: James Comey asks the court to dismiss the indictment against him because he responded to Ted Cruz’s "fundamentally ambiguous questions with literally true answers." storage.courtlistener.com/recap/gov.us...
— Mayor of Halloween Town (@joshuajfriedman.com) 2025-10-30T20:16:46.573Z
Mayor of Halloween Town
@joshuajfriedman.com
NEW: As expected, Comey also asks for a "bill of particulars" specifying what exactly he is accused of doing.
https://storage.courtlistener.com/recap/gov.uscourts.vaed.582136/gov.uscourts.vaed.582136.107.0.pdf#page=10.16
PARTICULARS SOUGHT BY MR. COMEY
1. As to Count One, identify:
a. The date, time, and method of communication for each instance in which Mr.
Comey allegedly authorized Mr. Richman to act as an anonymous source regarding the Clinton investigation;
b. The individuals or entities to whom Mr. Comey allegedly authorized Mr. Richman to act as an anonymous source regarding the Clinton investigation, for each instance identified in 1.a., above;
c. The substance and form of Mr. Comey's communication allegedly authorizing Mr.
Richman to act as an anonymous source regarding the Clinton investigation, for each instance identified in 1.a., above;
d. Each instance in which Mr. Richman allegedly provided or attempted to provide information to a news publication as an anonymous source; and
e. The individuals or entities to whom Mr. Richman allegedly provided or attempted to provide information to a news publication as an anonymous source, for each instance identified in 1.d., above.
2. As to Count Two, identify:
a. Each allegedly false or misleading statement underlying Count Two;
b. The specific question leading to, and answer by Mr. Comey, that underlies each statement in 2.a., above;
c. The factual basis for the Government's allegation that each statement identified in response to 2.a., above, was false when made;
d. The factual basis for the Government's allegation that Mr. Comey knew that the statement identified in response to 2.a., above, was false when made;
e. How Mr. Comey "corruptly" influenced the proceeding;
f. Which inquiry or investigation Mr. Comey allegedly attempted to influence by the Senate Judiciary Committee; and
g. Specify any other ways in which Mr. Comey allegedly violated 18 U.S.C. § 1505.
ALT
October 30, 2025 at 4:19 PM
@joshuajfriedman.com
NEW: As expected, Comey also asks for a "bill of particulars" specifying what exactly he is accused of doing.
https://storage.courtlistener.com/recap/gov.uscourts.vaed.582136/gov.uscourts.vaed.582136.107.0.pdf#page=10.16
PARTICULARS SOUGHT BY MR. COMEY
1. As to Count One, identify:
a. The date, time, and method of communication for each instance in which Mr.
Comey allegedly authorized Mr. Richman to act as an anonymous source regarding the Clinton investigation;
b. The individuals or entities to whom Mr. Comey allegedly authorized Mr. Richman to act as an anonymous source regarding the Clinton investigation, for each instance identified in 1.a., above;
c. The substance and form of Mr. Comey's communication allegedly authorizing Mr.
Richman to act as an anonymous source regarding the Clinton investigation, for each instance identified in 1.a., above;
d. Each instance in which Mr. Richman allegedly provided or attempted to provide information to a news publication as an anonymous source; and
e. The individuals or entities to whom Mr. Richman allegedly provided or attempted to provide information to a news publication as an anonymous source, for each instance identified in 1.d., above.
2. As to Count Two, identify:
a. Each allegedly false or misleading statement underlying Count Two;
b. The specific question leading to, and answer by Mr. Comey, that underlies each statement in 2.a., above;
c. The factual basis for the Government's allegation that each statement identified in response to 2.a., above, was false when made;
d. The factual basis for the Government's allegation that Mr. Comey knew that the statement identified in response to 2.a., above, was false when made;
e. How Mr. Comey "corruptly" influenced the proceeding;
f. Which inquiry or investigation Mr. Comey allegedly attempted to influence by the Senate Judiciary Committee; and
g. Specify any other ways in which Mr. Comey allegedly violated 18 U.S.C. § 1505.
ALT
October 30, 2025 at 4:19 PM
NEW: As expected, Comey also asks for a "bill of particulars" specifying what exactly he is accused of doing. storage.courtlistener.com/recap/gov.us...
— Mayor of Halloween Town (@joshuajfriedman.com) 2025-10-30T20:19:47.910Z
Mayor of Halloween Town
@joshuajfriedman.com
NEW: Comey also asks the court to disclose transcripts and audio of grand-jury proceedings so he can probe potential evidence of Lindsey Halligan's misconduct.
https://storage.courtlistener.com/recap/gov.uscourts.vaed.582136/gov.uscourts.vaed.582136.106.0.pdf
JAMES B. COMEY JR.'S MOTION AND MEMORANDUM IN SUPPORT OF MOTION TO DISCLOSE GRAND JURY PROCEEDINGS
James B. Comey, Jr., by and through undersigned counsel, and pursuant to Federal Rule
of Criminal Procedure 6(e), moves this Court to order the disclosure of the transcript and audio recordings of the grand jury proceedings. The indictment at issue—which facially misstates Mr.
Comey's testimony-was sought by an inexperienced prosecutor and returned after business hours with a meager 14 votes after an earlier no true bill. Those facts, in combination with signs
of other potential misconduct, indicate that a ground may exist to dismiss the indictment.
Accordingly, disclosure of the grand jury proceedings is warranted.
ALT
October 30, 2025 at 4:23 PM
@joshuajfriedman.com
NEW: Comey also asks the court to disclose transcripts and audio of grand-jury proceedings so he can probe potential evidence of Lindsey Halligan's misconduct.
https://storage.courtlistener.com/recap/gov.uscourts.vaed.582136/gov.uscourts.vaed.582136.106.0.pdf
JAMES B. COMEY JR.'S MOTION AND MEMORANDUM IN SUPPORT OF MOTION TO DISCLOSE GRAND JURY PROCEEDINGS
James B. Comey, Jr., by and through undersigned counsel, and pursuant to Federal Rule
of Criminal Procedure 6(e), moves this Court to order the disclosure of the transcript and audio recordings of the grand jury proceedings. The indictment at issue—which facially misstates Mr.
Comey's testimony-was sought by an inexperienced prosecutor and returned after business hours with a meager 14 votes after an earlier no true bill. Those facts, in combination with signs
of other potential misconduct, indicate that a ground may exist to dismiss the indictment.
Accordingly, disclosure of the grand jury proceedings is warranted.
ALT
October 30, 2025 at 4:23 PM
NEW: Comey also asks the court to disclose transcripts and audio of grand-jury proceedings so he can probe potential evidence of Lindsey Halligan's misconduct. storage.courtlistener.com/recap/gov.us...
— Mayor of Halloween Town (@joshuajfriedman.com) 2025-10-30T20:23:02.535Z
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