Former Federal Bureau of Investigation Director James Comey is looking to get the charges brought against him by the U.S. Department of Justice (DOJ) thrown out. 

Just the News reports that Comey and his legal team just filed a lengthy dismissal motion.

This has to do with charges that Comey faces for allegedly lying to Congress.

🚨BS ALERT🚨

James Comey seeks dismissal of two federal charges: Former FBI Director urges federal court to drop charges because Senator Ted Cruz's questions were "confusing" and "fundamentally ambiguous."

Comey's lawyers assert his responses to Cruz's questions were "literally… pic.twitter.com/zky9UNrZqX

— Breanna Morello (@BreannaMorello) October 31, 2025

It was the question, not the answer

This, essentially, is what Comey is trying to claim in his dismissal motion, namely, that his answer was not the problem, but U.S. Sen. Ted Cruz's (R-TX) question.

CBS News reports:

In a new filing with the court in Alexandria, Virginia, Comey's lawyers argued that his testimony in response to Cruz's questions was "literally true" and cannot support a conviction. The former FBI director's legal team suggested that the government is attempting to try Comey on "cherry-picked statements" given during a four-hour long Senate hearing without specifying which parts of his testimony it believes were false or misleading.

In other words, Comey and his team are trying to pull out all of the stops.

CBS continues:

They argued that while the government has the authority to prosecute witnesses who mislead federal investigators by giving false answers to clear questions, "it does not authorize the government to create confusion by posing an imprecise question and then seek to exploit that confusion by placing an after-the-fact nefarious interpretation on the ensuing benign answer."

The outlet adds, "Comey's lawyers also asserted that "basic due process principles in criminal law require that the questioner frame his questions with clarity so that a witness does not have to guess."

Background

Comey was just indicted last month.

Just the News reports:

Comey was indicted by a federal grand jury last month for allegedly lying to Congress when he denied authorizing FBI leaks to the media, Just the News previously reported. Multiple sources told Just the News that Comey had been charged for authorizing his personal adviser and friend Daniel Richman to leak to the press and then misleading the Senate about it.

The outlet goes on to provide more details about the allegations Comey is facing.

It writes:

The indictment, formulated by the Trump Justice Department and approved by a grand jury, originates from allegations that Comey misled the Senate during his testimony in late September 2020, when he reiterated his May 2017 denial that he had ever authorized an FBI leak of information to the media about the Trump-Russia investigation or Clinton-related investigations. The indictment also alleged that Comey had obstructed Congress by lying to the Senate.

We should learn soon enough whether the judge overseeing the case is sympathetic to Comey's arguments.