Comey cites Trump social media post as ‘smoking gun evidence’ of selective prosecution

Published October 20, 2025 6:57pm ET



Former FBI Director James Comey asked a federal judge on Monday to throw out his criminal case, arguing that his indictment was illegally motivated by President Donald Trump’s public demands for revenge and carried out by a prosecutor who was never lawfully appointed.

In a 51-page motion to dismiss, Comey’s lawyers said a Sept. 20 Truth Social post from Trump, an alleged direct-message mix-up with Attorney General Pam Bondi, was “smoking gun evidence” that the charges were politically ordered.

Already a print subscriber? Click here to login/register your account

Trusted reporting.Unlimited access.

Subscribe for full access to Washington Examiner coverage, expert political analysis, and subscriber-only journalism.

Get Unlimited Access

Already a member? Log in

Cancel anytime.