General Discussion

Comey has a lot of experience in the Department and a lot of experience in the court system. And he has suffered years of disparagement, even defamation, from Trump.

My guess is that Comey has been planning this strategy for a long time and has many allies behind the scenes. It could be that they are looking at a multi-stage response that goes beyond Comey personally. Something like:

1) Win the case outright by summary judgment.

1a) If not summary judgment, then put some pain on it by forcing Trump under oath through discovery. And the emphasis of that discovery would be the unethical use of the court system rather than the merits of the case (as there are no merits).

2) Expose the Trump attorney to disbarment.

3) Then a civil suit against Trump for defamation. There are probably plenty of very good lawyers who would be eager to take that case on contingency..

Comey could make a lot of money from a book deal.