Lawyers for former FBI Director James Comey and New York Attorney General Letitia James have asked a federal judge to dismiss their indictments, arguing that interim U.S. Attorney Lindsey Halligan was illegally appointed. The move challenges the validity of the prosecutions, which defense attorneys say were rushed under pressure from President Donald Trump. Judge Cameron McGowan Currie expects to rule by Thanksgiving.
In Alexandria, Virginia, on Thursday, November 13, 2025, attorneys for James Comey and Letitia James filed motions to dismiss the federal cases against their clients. They contend that Lindsey Halligan, the prosecutor who secured the indictments, lacked proper authority as interim U.S. Attorney for the Eastern District of Virginia.
Halligan was appointed by Attorney General Pam Bondi in September 2025, at the urging of President Trump, just days before Comey's indictment. This followed the resignation of previous interim U.S. Attorney Erik Siebert, who faced administration pressure to pursue charges. Defense lawyers, including Ephraim McDowell for Comey, argue the appointment bypassed constitutional rules requiring Senate confirmation for U.S. attorneys or judicial selection after an interim's 120-day term. "Ms. Halligan was the sole prosecutor in the grand jury room, and when the sole prosecutor lacks the authority," McDowell said, "that's not going to be a harmless error."
The Justice Department defends the appointment, with lawyer Henry Whitaker stating that the law does not prohibit successive interim roles. He emphasized that the grand jury's decision was based on facts and law, and that Bondi ratified the indictment. However, Judge Currie questioned gaps in the provided grand jury transcripts, though a department spokesperson clarified they involved deliberation periods not transcribed.
Comey faces charges of making a false statement and obstructing Congress, to which he has pleaded not guilty. James, a Democrat, has pleaded not guilty to mortgage fraud allegations. Both cases stem from investigations overseen by Halligan after Siebert's exit, prompted by Trump's Truth Social post demanding action against his critics. The defendants also argue the prosecutions are vindictive, driven by Trump's personal animosity—rooted in Comey's role in the 2016 Russia probe, for which Trump fired him in 2017, and James's successful fraud lawsuit against Trump, recently partially overturned on appeal.
A ruling on Halligan's appointment could determine the cases' fates, amid broader concerns over the Justice Department's use against Trump's adversaries. McDowell warned that upholding it might eliminate Senate confirmation needs for U.S. attorneys.