James Comey’s legal team just tipped their hand about how they plan to beat federal charges.
The former FBI Director is facing serious time behind bars if convicted.
And Gregg Jarrett exposed James Comey’s desperate legal strategy that could save the former FBI Director’s hide.
Comey faces the music after years of dodging accountability
Former FBI Director James Comey finally got his comeuppance when the Department of Justice hit him with federal charges in September.
The man who spent years positioning himself as the moral conscience of Washington, D.C. now faces one count of making false statements to Congress and one count of obstructing a congressional investigation.
These aren’t parking tickets we’re talking about.
Comey allegedly lied under oath when he told Congress he "did not authorize someone at the FBI to be an anonymous source" back in September 2020.
The DOJ says that statement was flat-out false.
But anyone who watched Comey’s theatrical performance after getting indicted could see he wasn’t exactly trembling with fear.
The guy who spent the Trump years writing books and giving speeches about "higher loyalty" posted a defiant video on Instagram talking about standing up to Trump and refusing to "live on our knees."
Classic Comey – turn every legal problem into a morality play where he’s the noble hero.
Fox News legal expert sees right through Comey’s con game
But Jarrett wasn’t fooled by the theatrical performance when he broke down Comey’s real strategy on Fox News.
The legal analyst told guest host Charlie Hurt that all of Comey’s public tough talk about wanting his day in court was pure theater designed to fool the American people.
"When he was preening like a peacock in front of a camera saying, ‘Let’s have a trial,’ that was just another pretense of a lie by phony Comey," Jarrett explained. "It was a con job. The last thing he wants is a trial."¹
Here’s the evidence that proves Comey doesn’t want anywhere near a courtroom.
Just days after his public posturing, Comey’s legal team filed motions asking the court to throw out the entire case.
They’re claiming the prosecution amounts to political payback from Trump and arguing the charges are selective enforcement designed to settle scores.
Those aren’t the moves of someone eager to prove his innocence in court.
Those are the desperate tactics of someone trying to avoid facing a jury at all costs.
The real strategy behind Comey’s legal theatrics
Jarrett figured out exactly what Comey’s legal team is really up to, and it’s straight out of the Democrat playbook.
"Comey’s strategy, make no mistake, is to put Donald Trump on trial to avoid his own trial," Jarrett said.²
Think about how brilliant this is from a pure legal strategy standpoint.
Instead of defending Comey’s actions, his lawyers want to make the entire case about Trump’s motives for prosecuting him.
They’ll argue that these charges only exist because Trump wanted revenge against the guy who investigated him.
If they can convince a judge that Trump’s Justice Department is just settling political scores, they might get the whole case thrown out before it ever reaches a jury.
The problem is that proving prosecutorial vindictiveness requires demonstrating that the government brought charges with improper motives – and that’s extremely difficult when there’s actual evidence supporting the allegations.
As Jarrett pointed out, the law requires defendants to show by clear evidence that prosecutors acted with unjustified motives, but if the charges themselves have merit, claims of political persecution won’t work as a defense.³
Comey’s attempt to play victim falls flat
The most absurd part of this whole charade is watching Comey transform himself into the victim in this story.
We’re supposed to believe that poor, innocent James Comey is being persecuted by the terrible, vindictive Donald Trump.
This is the same James Comey who spent years orchestrating what amounted to a soft coup against a sitting president.
He’s the guy who leaked classified memos to the press to trigger the appointment of a special counsel.
He signed off on FISA warrants based on opposition research that his own FBI couldn’t verify.
He let Hillary Clinton skate on the email investigation while simultaneously destroying Trump’s presidency over unsubstantiated allegations.
Jarrett summed it up perfectly: "Of course the argument that Trump is the terrible villain and poor Jimmy is the innocent victim, that’s worthy of a Shakespearean farce given Comey’s long list of lawless schemes, deceptions and abuses of power."⁴
The timeline tells the real story
Remember, these criminal charges aren’t some hastily thrown together case that Trump ordered up on a whim.
The allegations stem from congressional testimony Comey gave back in September 2020 – during the heat of Trump’s campaign against Joe Biden.
Federal investigators spent years building this case, and a grand jury of ordinary Americans decided there was probable cause to believe crimes were committed.
The trial is scheduled to start on January 5, 2026, but Comey’s lawyers are already working overtime to make sure that date never comes.
They’re betting they can turn this into a three-ring political circus focused on Trump’s supposed vendetta rather than a straightforward examination of whether their client lied under oath to Congress.
What this really means for the future
Here’s what makes Comey’s legal strategy so dangerous for anyone who believes in equal justice under the law.
If former government officials can escape accountability just by claiming political persecution, then nobody in Washington, D.C. will ever face consequences for their actions.
The precedent would be catastrophic.
Every corrupt politician and bureaucrat would just claim their prosecution was politically motivated, and the justice system would collapse under the weight of endless political arguments.
That’s exactly what Comey is counting on – that judges will be so worried about appearing political that they’ll let him walk rather than risk the controversy.
The January trial date will be the real test of whether our justice system can still function when powerful people finally get held accountable for their crimes.
For conservatives who spent years watching Comey escape consequences while he destroyed other people’s lives, this case represents something bigger than just one man’s fate.
It’s about whether the rule of law still means anything when the defendants have the right political connections and media-savvy defense strategies.
Comey’s lawyers can file all the motions they want, but the evidence is what it is.
Either he lied to Congress or he didn’t – and that’s what a jury should decide, not a bunch of political arguments about Trump’s motives.
¹ Gregg Jarrett, "Hannity," Fox News, October 11, 2025.
² Ibid.
³ Ibid.
⁴ Ibid.
