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BREAKING: On Tuesday, James Comey filed a motion to dismiss the Trump administration’s indictment against him based on a social media post, since removed, of a photograph of seashells laid out in an “8647” pattern.

In Tuesday’s filings, Comey argued that the indictment should be dismissed as an unconstitutional vindictive and selective prosecution.

“[T]he government has singled out Mr. Comey for prosecution because President Trump harbors animus toward Mr. Comey and his protected speech, and it has done so in direct response to the President’s urgings and Mr. Comey’s successful motion to dismiss a prior indictment,” the memorandum supporting the motion stated.

The brief went on to argue that “Mr. Comey has established that his prosecution ‘was motivated by actual vindictiveness,’ and the indictment must be dismissed.“

The latest filings followed a motion filed on Monday arguing that the court should dismiss the indictment "for lack of a true threat."

UPDATE: James Comey also filed a motion Tuesday night seeking "disclosure of the transcript and audio recordings of the grand jury proceedings in this case."

UPDATE 2: James Comey is also seeking the suppression of evidence obtained via two warrants in his case — one involving his Apple iCloud account and the other involving two Google accounts. In the same motion, Comey is also seeking a Franks hearing — to challenge the underlying affidavits seeking the warrants — because, Comey argued, the warrants were "issued on the basis of affidavits designed to mislead the issuing magistrates."

Jul 29
at
1:51 AM
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