Former FBI Director James Comey may pursue a selective or vindictive prosecution defense as he faces federal criminal charges tied to his 2020 Senate testimony about the Trump-Russia investigation, despite long-standing legal precedent that might make his success difficult.

A federal grand jury indicted Comey on Thursday on one count of making false statements to Congress and one count of obstruction of justice. Both charges stem from his sworn testimony before the Senate Judiciary Committee regarding his role in the FBI’s handling of the 2016 election and its surveillance of President Donald Trump’s then-campaign.