Comey and James Seek Dismissal of Cases, Challenge Prosecutor's Appointment
Former FBI Director James Comey and New York Attorney General Letitia James have filed motions to dismiss federal charges against them, arguing that the prosecutor who secured their indictments was unlawfully appointed.
Former FBI Director James Comey and New York Attorney General Letitia James have filed motions to dismiss federal charges against them, contending that the prosecutor who secured their indictments was unlawfully appointed.
U.S. District Judge Cameron McGowan Currie is expected to rule by Thanksgiving on the legality of Lindsey Halligan's appointment as interim U.S. Attorney for the Eastern District of Virginia. The outcome could significantly impact the politically sensitive cases, both initiated under Halligan's tenure.
Halligan, previously a White House aide without prosecutorial experience, was appointed in September 2025 by Attorney General Pam Bondi at President Donald Trump's direction. This appointment followed the resignation of Erik Siebert, the former interim U.S. Attorney, who reportedly faced pressure from the administration to bring charges against Comey and James.
Defense attorneys argue that Halligan's appointment circumvented constitutional and statutory procedures, as U.S. Attorneys are typically nominated by the president and confirmed by the Senate. They assert that the Justice Department lacked the authority to make consecutive interim appointments without Senate approval.
The Justice Department maintains that the law does not explicitly prohibit successive interim appointments by the Attorney General. They argue that the indictments were properly returned by a grand jury and should not be dismissed over what they describe as, at most, a clerical error.
Comey has pleaded not guilty to charges of making false statements and obstructing Congress, while James has pleaded not guilty to mortgage fraud allegations. Both have separately argued that the prosecutions are vindictive and motivated by the president's personal animus toward them.
Judge Currie's forthcoming decision will address the validity of Halligan's appointment and could determine whether the cases against Comey and James proceed to trial.
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