Investigators in James Comey seashells case omitted key facts, defense lawyers allege

WASHINGTON — Federal officials involved in the prosecution of James Comey misled judges, submitted documents containing false statements and withheld key facts during the course of the investigation, according to new defense filings that seek the dismissal of a case charging the former FBI director with threatening President Donald Trump on social media.

Lawyers for Comey made the allegations of misconduct in motions filed late Tuesday that also call the case a vindictive and selective prosecution, demand access to transcripts of grand jury proceedings to expose what they say are "irregularities" in how the indictment was secured, and describe "unlawful" surveillance of Comey by the Secret Service.

Taken together, the new motions, along with an earlier one this week that called Comey's social media post protected speech rather than a threat, represent a multipronged defense effort to dismantle a case that defense lawyers say exemplifies a Trump administration retribution campaign targeting one of the president's vocal critics.

"Ample objective evidence - much of which comes directly from government officials' own public statements and admissions - establishes that the President's animus toward Mr. Comey led to this vindictive and selective prosecution," Comey's lawyers wrote in one of the filings.

For instance, the FBI searched an internal database of information about open and closed investigations for any indication of an association between Comey and the term "86" but found inconclusive results. An FBI agent also requested a review of the FBI file for the case against reputed mobster John Gambino, which Comey worked on as a young prosecutor, but found no references to the term "86." Investigators also interviewed a key government cooperator in the case, Salvatore Gravano, who said he did not recall ever discussing the term "86" with Comey or hearing it in connection with the trial.

As Comey returned to Washington with his wife to be interviewed by law enforcement about his post, Secret Service agents were directed to conduct "unlawful" electronic surveillance, "including as they stopped to visit the grave of their deceased son," his lawyers said. The surveillance had been requested by a senior Justice Department official.

An earlier case in Virginia accusing Comey of lying to Congress was dismissed in November after a judge concluded that the prosecutor who charged him and another Trump adversary, New York Attorney General Letitia James, had been illegally appointed.