DOJ defends Trump Truth Social post as Comey seeks to have case dismissed

Former FBI Director James Comey faces federal charges as DOJ disputes his selective prosecution claims ahead of January 2026 trial date.

Former FBI Director James Comey was indicted on charges of false statements and obstructing a congressional proceeding. (Ralph Alswang/Disney General Entertainment Content via Getty Images)

Trump wrote in a Sept. 20 post on his Truth Social platform that "nothing is being done" to Comey, Schiff or James.

"They’re all guilty as hell," he said. "They impeached me twice, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!!"

The Wall Street Journal reported that the public Truth Social post was intended as a private message to Bondi.

Lindsey Halligan, special assistant to the president, speaks with a reporter outside of the White House, Wednesday, Aug. 20, 2025, in Washington. (Jacquelyn Martin/AP)

"The official who purported to secure and sign the indictment was invalidly appointed to her position as interim U.S. Attorney. Because of that fundamental constitutional and statutory defect, the indictment is a nullity and must be dismissed," Comey’s legal team wrote.

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The Justice Department maintains that Halligan’s appointment as interim U.S. attorney was lawful, arguing that it was in line with federal statute and the Constitution’s Appointments Clause.

Comey’s trial is scheduled to begin in January 2026.

Ashley Carnahan is a writer at Fox News Digital.

https://www.foxnews.com/politics/doj-defends-trump-truth-social-post-comey-seeks-have-case-dismissed