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Comey's lawyers argue that the indictment accusing him of making a false statement and obstructing Congress should be dismissed because it's vindictive that he's been singled out for prosecution by President Trump.
Trump fired Comey in 2017 during his first term when Trump's campaign was being investigated by the FBI over potential ties to Russia.
Comey is pleaded not guilty.
The Justice Department is standing behind the allegations.
However, on Monday, a different judge found what he said were profound investigative missteps by Lindsey Halligan, the former White House aide tapped to replace a veteran prosecutor who declined to bring charges against Comey and another prominent Trump critic, New York Attorney General Letitia James.