Trump’s Posts May Impact Comey’s Legal Battle
CNN’s senior legal analyst, Ellie Honig, suggested on Thursday that President Donald Trump’s posts on Truth Social might have unwittingly provided James Comey, the former FBI Director, with legal immunity in a criminal case.
In September, the Justice Department charged Comey with making false statements to Congress and obstructing a congressional investigation. During an appearance on “The Read with Jake Tapper,” Honig pointed out that a mistakenly published message from Trump, reportedly intended for Attorney General Pam Bondi, could serve as essential evidence for Comey. This could support his argument that the charges against him are politically motivated.
“When Jim Comey moves to dismiss, those social media posts will be Exhibit A. The same goes for Letitia James,” Honig explained to Tapper. “There’s this principle of selective or retaliatory prosecution, meaning if a defendant can demonstrate that they were singled out for improper reasons, a judge can dismiss the case before it reaches a jury.”
She indicated that this social media message might be central to Comey’s defense.
“Now, winning these motions is incredibly difficult. Defendants bring these motions frequently, but very rarely succeed. That’s usually because there isn’t a public post from the president addressing the issue directly,” she added. “And there’s no denying it—Letitia James certainly aimed her political agenda at Donald Trump. She used her authority as attorney general to file a questionable lawsuit that has mostly been dismissed by the Court of Appeals. Still, that doesn’t excuse retaliatory criminal prosecution.”
Honig cited a specific Truth Social post from Trump where he called for accountability and praised Lindsay Harrigan as a capable attorney. Trump had mentioned replacing his previous attorney in Virginia to ensure an unbiased handling of his case.
On Wednesday, Comey entered a not guilty plea to the federal charges. Judge Michael Nachmanoff has set the trial date for January 5, 2026, but Comey’s attorneys intend to file several motions to dismiss the charges prior to the jury hearing the case.
Comey aims to argue that the indictment represents a retaliatory prosecution orchestrated “at the direction of President Trump.” Additionally, he plans to question the legality of interim U.S. Attorney Lindsey Harrigan’s appointment, as Harrigan filed the complaint shortly after taking over from Eric Siebert, who resigned on September 19 following Trump’s request for his removal.
