WASHINGTON (AP) — Lawyers for former FBI Director James Comey urged a judge Monday to dismiss the case against him, calling it a vindictive prosecution motivated by “personal animus” and orchestrated by a White House determined to seek retribution against a perceived foe of President Donald Trump.
The lawyers separately called for the indictment's dismissal because of what they said was the illegitimate appointment of the U.S. attorney who filed the case days after being hastily named to the job by Trump.
The two-prong attack on the indictment, which accuses Comey of lying to Congress five years ago, represents the opening salvo in what is expected to be a protracted court fight ahead of a trial currently set for Jan. 5. The motions challenge not only the substance of the allegations but also the unusual circumstances of the prosecution, which included Trump exhorting his attorney general to bring charges against Comey as well as his administration's abrupt installation of a White House aide to serve as top prosecutor of the elite office overseeing the case.
“Bedrock principles of due process and equal protection have long ensured that government officials may not use courts to punish and imprison their perceived personal and political enemies,” wrote Comey's defense team, which includes Patrick Fitzgerald, the former U.S. Attorney in Chicago and a longtime Comey friend. “But that is exactly what happened here."
They said the Justice Department had brought the case because of Trump’s hatred of Comey, who as FBI director in the early months of Trump's first term infuriated the president through his oversight of an investigation into potential ties between Russia and Trump's 2016 campaign. Trump fired Comey in May 2017. The two have been open adversaries since, with Comey labeling Trump “unethical" and comparing him to a mafia boss and Trump branding Comey an “untruthful slime ball” and calling for him to be punished because of the Russia investigation.
“The government has singled out Mr. Comey for prosecution because of his protected speech and because of President Trump’s personal animus toward Mr. Comey,” defense lawyers wrote, adding that such a “vindictive and selection prosecution” violates multiple provisions of the Constitution and must be dismissed.
Comey's defense team had foreshadowed the arguments during his first and only court appearance in the case, where he pleaded not guilty.
Though motions alleging vindictive prosecutions do not often succeed, this one lays out a timeline of events intended to link Trump's demands for a prosecution with the Justice Department's scramble to secure an indictment last month just before the statute of limitations was set to lapse.
Last month, for instance, he complained in a Truth Social post directed to Attorney General Pam Bondi that “nothing is being done” on investigations into some of his foes and called for action, specifically referencing inquiries into Comey, New York Attorney General Letitia James and Democratic Sen. Adam Schiff of California.
“JUSTICE MUST BE SERVED, NOW!!!” part of the message said.
He installed Lindsey Halligan, a White House aide who had been one of Trump's personal lawyers but had no experience as a federal prosecutor, to run the Eastern District of Virginia and replace Erik Siebert, who had resigned as U.S. attorney one day earlier amid administration pressure to charge Comey and James. Comey was indicted days later.
Comey's lawyers argued that that social media post represented an admission that the government was prosecuting Comey for “an impermissible discriminatory purpose.”
“For many years, President Trump has sought to prosecute or otherwise punish Mr. Comey because of overt hostility to Mr. Comey's protected speech and because of his personal bias against Mr. Comey," the attorneys said.
“But despite President Trump's yearslong campaign to prosecute Mr. Comey, no career or appointed prosecutor had ever agreed to do so," they added. "Thus, Mr. Trump made clear to his Attorney General that the only way to achieve ‘JUSTICE’ against Mr. Comey was by ousting Mr. Siebert and installing Ms. Halligan."
The indictment accuses Comey of having misled the Senate Judiciary Committee on Sept. 30, 2020, in response to questions from Republican Sen. Ted Cruz about whether Comey had authorized a news media leak. But Comey's lawyers say the indictment misstates his exchange with Cruz, attributing to Comey statements he did not make.
The defense team says the indictment omits context from Cruz's question that made clear he was asking Comey if he had authorized his deputy director, Andrew McCabe, to serve as an anonymous source to the news media. The lawyers say the indictment misleadingly suggests the questioning from Cruz concerned another person, a Columbia law professor and Comey friend named Daniel Richman. An earlier FBI investigation into whether Comey had disclosed classified information through Richman concluded there was insufficient evidence to charge either man.
Defense lawyers in a separate motion argued that the case was “fatally flawed” because Halligan was unlawfully appointed before she signed the indictment late last month.
“The President and Attorney General appointed the President’s personal lawyer as interim U.S. Attorney in violation of a clear statutory command so that the interim U.S. Attorney could indict an outspoken critic of the President just days before the relevant statute of limitations was set to expire,” defense lawyers said.
That motion is expected to be heard by a different judge than the trial judge, Michael Nachmanoff.
Halligan is not the only U.S. attorney facing a court challenge.
A federal appeals court in Philadelphia heard arguments Monday in a case challenging the tenure of Alina Habba as New Jersey's top federal prosecutor. A panel of judges did not immediately rule but questioned the propriety of maneuvers meant to keep Habba in her job.
Separately Monday, defense lawyers pushed back in court papers on a suggestion by the Justice Department that Fitzgerald might have to step aside from the case.
Prosecutors late Sunday asserted in a court filing that Comey's “lead defense counsel” had earlier been used by Comey to disclose classified information and might therefore need to be disqualified. The defense team Monday called that allegation “provably false” and defamatory.
Associated Press writer Mike Catalini in Philadelphia contributed.
FILE - Former FBI Director James Comey speaks to reporters on Capitol Hill Washington, Dec. 17, 2018. AP Photo/J. Scott Applewhite, File)
CARY, N.C.--(BUSINESS WIRE)--Jan 12, 2026--
Cornerstone Building Brands, Inc., a leading manufacturer of exterior building products in North America, has its products featured for the fourth straight season on Dave and Jenny Marrs’ hit HGTV series Fixer to Fabulous. The partnership reflects a shared belief that thoughtfully designed and built homes can have a positive impact on the people who live in them and the communities they are a part of.
This press release features multimedia. View the full release here: https://www.businesswire.com/news/home/20260111313774/en/
Season 7 follows Cornerstone Building Brands Ambassadors Dave and Jenny Marrs as they transform 12 homes in their hometown of Bentonville, Arkansas. Using their construction and design expertise, the pair incorporates each family’s story to reimagine their spaces into forever homes, complete with design choices that feel personal, comforting and functional. This season features some of the show’s biggest projects yet and highlights a curated selection of industry-leading windows, doors, siding and accessories from the Cornerstone Building Brands portfolio of exterior building product brands hand-picked by Dave and Jenny — Ply Gem ®, Simonton Windows & Doors ® and Mastic ® by Ply Gem Siding & Accessories.
The season will showcase how Cornerstone Building Brands products work together to create a cohesive home exterior that improves curb appeal while optimizing performance and energy efficiency to meet the unique needs of each home and family. “We’re thrilled to continue this meaningful partnership into our newest season,” says Dave Marrs, host of Fixer to Fabulous. “Jenny and I trust the products from Cornerstone Building Brands and have relied on them time and time again. The range of low-maintenance options, ease of use and level of quality they offer help us design home exteriors that not only look great but hold up to the wear and tear of everyday life.”
Gunner Smith, Cornerstone Building Brands’ Chief Executive Officer, said, “At Cornerstone Building Brands, we’re focused on delivering exterior building products that combine quality, performance and design flexibility. Dave and Jenny’s continued use of our brands reflects the trust they place in our portfolio to meet the demands of real projects. We’re proud to see Ply Gem, Simonton and Mastic featured again as they create homes that are built to last.”
Cornerstone Building Brands products being featured throughout season 7 of Fixer to Fabulous include:
The Simonton Windows & Doors ® 5500 Collection is designed to improve whole-home comfort with energy-efficient glass packages and multi-chambered vinyl frames that help limit heat transfer. Its durability and safety performance have earned the 5500 Double Hung window the Good Housekeeping Seal and a 2026 Home Reno award, giving homeowners added confidence in long-term value.
Built with welded frames for strength and stability, the Simonton Windows & Doors ® Contractor Collection provides dependable performance across a wide range of home styles. Multiple configurations and energy-efficient glass options offer both practicality and flexibility for remodels or new builds. The Contractor Double Hung window has also earned the Good Housekeeping Seal for its trusted quality and reliability.
Ply Gem ® MIRA®French Patio Doors combine the visual warmth of real wood interiors with the durability of an aluminum-clad exterior. The doors bring natural light into living spaces while offering enhanced insulation and security through multi-point locking systems.
Ply Gem ® MIRA ® Series Windows blend traditional craftsmanship with modern performance. Wood interiors elevate interior design, while the aluminum exterior helps withstand weather. Insulated glass and precision-built frames support energy efficiency and long-term structural reliability.
Engineered to resist fading, warping and weather-related wear, Mastic ® by Ply Gem Vinyl Siding is built for long-lasting curb appeal with minimal upkeep. Offered in a wide array of thicknesses, profiles and textures, Mastic ® vinyl siding has panels to fit any design style and project need.
Mastic ® Cedar Discovery ® Shake and Shingle Siding panels replicate the grain and texture of hand-cut cedar using engineered polymer technology. They provide the look of natural wood with virtually no maintenance, resisting moisture, rot and pests while preserving consistent color and shape over time.
Mastic ® by Ply Gem Soffit improves ventilation in attics and rooflines, helping reduce moisture and regulate temperature — two key factors in extending the life of a home’s exterior. It also adds a clean, finished look to eaves, porches and overhangs.
Ply Gem ® Performance Metals Aluminum Fascia protects exposed wood while maintaining a smooth, finished appearance. Its durable, low-maintenance construction performs reliably across a range of climates to support long-term exterior protection.
Ply Gem ® Trim and Moulding: Manufactured from durable PVC, these versatile trim boards and moulding details resist warping and moisture absorption. They install easily with standard tools and can be painted to match or complement siding, adding clean architectural detail that supports long-term exterior performance.
Ply Gem ® Fence and Railing Vinyl Railing adds safety and style to outdoor living spaces with a low-maintenance material designed to withstand the elements. Multiple styles and profiles give homeowners flexibility to match their home’s aesthetic without frequent upkeep.
Season 7 of Fixer to Fabulous airs Tuesdays at 8 p.m. ET / 7 p.m. CT on HGTV, with Cornerstone Building Brands products featured throughout the season:
For specific product information, visit:
www.cornerstonebuildingbrands.com
www.simonton.com
www.plygem.com
www.mastic.com
For more information on Cornerstone Building Brands’ partnership with Dave and Jenny Marrs, visit: www.cornerstonebuildingbrands.com/marrs
ABOUT CORNERSTONE BUILDING BRANDS
Cornerstone Building Brands is a leading manufacturer of exterior building products for residential and low-rise non-residential buildings in North America. Headquartered in Cary, N.C., we serve residential and commercial customers across the new construction and Repair & Remodel (R&R) markets. Our market-leading portfolio of products spans vinyl windows, vinyl siding, stone veneer, metal roofing, metal wall systems and metal accessories. Cornerstone Building Brands’ broad, multi-channel distribution platform and expansive national footprint includes more than 18,800 team members at manufacturing, distribution and office locations throughout North America. Corporate Governance & Responsibility are embedded in our culture. We are committed to contributing positively to the communities where we live, work and play. For more information, visit us at cornerstonebuildingbrands.com.
Dave and Jenny Marrs feature Ply Gem®, Simonton Windows & Doors® and Mastic® by Ply Gem Siding & Accessories products from Cornerstone Building Brands in season 7 of HGTV’s Fixer to Fabulous.
