On Oct. 20, James Comey filed a motion to dismiss the indictment against him, alleging vindictive and selective prosecution by the government.

According to the motion, Comey's lawyers asserted that, "ample objective evidence -- much of which comes directly from government officials' own public statements and admissions -- establishes that the government's animus toward Mr. Comey led directly to this vindictive and selective prosecution."

Throughout the 51 page motion, Comey's lawyers detail the often adversarial relationship between Comey and the president, citing various Trump's public statements pushing for the Department of Justice to prosecute the former FBI director. The motion also specifically highlights President Trump's recent social media post directed at Attorney General Pam Bondi stating that he fired interim U.S. Attorney Erik Siebert for not prosecuting Comey. Trump's post also directed Bondi to appoint Lindsey Halligan to the position.

Comey filed this motion alongside an additional motion asking Judge Nachmanoff to dismiss the indictment due to the allegedly unlawful appointment of Halligan to be U.S. Attorney of the Eastern District of Virginia.