Glenn Kirschner, who worked 24 years as a federal prosecutor in Washington, D.C., said motions for selective and vindictive prosecutions are usually difficult to win because it is normally difficult or impossible to produce evidence. That will not be the case for Comey, he said.

“Here, Donald Trump has been on the warpath, wanting his enemies prosecuted, evidence be damned,” Kirschner said, adding that unlike in previous administrations where there was a separation between the White House and the attorney general, that no longer exists under Trump.