President Donald Trump talks to the press as he leaves the White House on September 26, 2025, in Washington, DC. Photo by Kevin Dietsch/Getty Images.
As noted by CNN
As Donald Trump publicly pressures the Department of Justice to bring criminal charges against those he sees as his opponents, legal experts are weighing the possibility of using a rarely invoked legal tool that allows a court to dismiss charges in cases of unfair or selective prosecution.
Motions to dismiss cases on grounds of selective or retaliatory prosecution typically face high barriers in court and usually end in failure. Trump himself and Hunter Biden have also tried to use such an approach in recent years, but they have faced defeats.
However, after Trump openly urged Attorney General Pam Bondi to step up prosecutions against Comey and others, the former FBI director may have facts that could persuade a judge to dismiss the charges against him on Thursday.
“This is the best case for Comey, because the president does not stay silent,” said retired federal judge John Jones. “And that is acceptable, so, in my view, he has a shot in the case of a prosecution motivated by retaliation.”
Comey was charged in two criminal counts with allegedly lying to Congress during his testimony in 2020. Now Trump continues to urge Department of Justice prosecutors to act more aggressively in the case not only against Comey but also against New York Attorney General Letitia James, Democrats, and California Senator Adam Schiff – all of whom he sees as political opponents. Senior DOJ officials also back possible charges against former national security adviser John Bolton – a well-known critic of the president.
“This is clearly revenge. This is clearly his list of enemies.”
Although this tactic exists, experts explain that such motions are usually hard to win due to prosecutors’ broad discretionary power in deciding which cases to bring. Even with possible use of motives of retaliation or selectivity, the final decision will depend on the evidence and the political context – and in the president’s second term courts may be more inclined to consider such requests.
Prospects for using legal maneuvers in the president’s second term
These dynamics are playing out in practice: the Comey case and related discussions at the Department of Justice show how politics can influence criminal prosecution. Experts note that the court may consider such motions, but their success will depend on the specific facts and evidence, and on how seriously the court weighs the motives and the prosecutors’ intent when reviewing such requests during the president’s second term.
Read also:
- Kamala Harris promotes her book “107 Days” in New York, reflecting on her 2024 campaign and future political steps amid mixed reactions and increased security.
- Kilmar Abrego Garcia’s legal team files a motion to dismiss federal charges, alleging selective prosecution after challenging illegal deportation to El Salvador.
- Ukrainian President Zelensky ratifies agreement to open European Public Law Organization office in Ukraine, advancing legal reforms and expert training.
