After James Comey appeared in Virginia federal court, formally pleading not guilty to two criminal charges, there was little surprise when the ex-FBI director's defense confirmed it will move to dismiss the case as a selective and vindictive prosecution brought at the direction of President Donald Trump for revenge. But another path to dismissal has emerged, which could derail the case all on its own: directly challenging the legitimacy of the Trump loyalist interim U.S. attorney who was the lone prosecutor to sign the indictment.

Comey's friend and defense attorney, Patrick Fitzgerald, made his name as a longtime federal prosecutor and U.S. attorney in his pursuit of major political corruption cases, in multiple instances prosecuting high-profile defendants later granted clemency by Trum

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