A question on the above is, if Comey/Fitzgerald pursue the vindictive prosecution angle, how public will the evidence become?
An aspect of it is that a motion to dismiss the indictment on this ground requires an evidentiary hearing, meaning witnesses may be called and documents introduced. There may also be depositions of witnesses so as to avoid the necessity of live testimony, which is usually preferred in criminal cases. Evidentiary hearings are not the norm in motions to dismiss, which are usually decided "on the paper."
The government will resist this discovery with everything they've got, I'm sure, including a lot of lying and dissembling. And will also try mightily to keep the fruits of the discovery from public view. But Fitzgerald has the reputation of pursuing this kind of thing to the bitter end and is just the guy not to capitulate to the government's shenanigans. And Halligan is one of the least likely attorneys to be able to defeat him.
The judge, Nachmanoff, is a Biden appointee and served five years as a magistrate judge and prior to that was a federal public defender. So, salty as fuck on criminal stuff and not inclined to defer to the government at all.
There's a really good chance this turns into a complete shit show for the Trump DOJ.