Attorneys for former FBI Director James Comey and New York Attorney General Letitia James will appear in federal court on Thursday, urging a judge to dismiss the criminal indictments against them on the grounds that the Trump-appointed prosecutor who brought the charges was illegally installed.
The closely watched hearing, scheduled in Alexandria, Virginia, marks the latest test in a pair of high-profile prosecutions that critics have described as politically motivated. The cases were initiated under U.S. Attorney Lindsey Halligan, a former White House aide and insurance lawyer with no prior prosecutorial experience, whom President Donald Trump appointed after firing the previous interim chief of the Eastern District of Virginia.
Lawyers for both Comey and James argue that Halligan’s appointment violated the Constitution’s Appointments Clause and federal law, rendering her actions — including their indictments — “fatally flawed.”
Comey has pleaded not guilty to charges of making false statements to Congress, while Letitia James has pleaded not guilty to mortgage fraud-related offenses.
Their attorneys assert that Halligan’s appointment bypassed normal confirmation procedures and ignored federal limits on temporary appointments. They also point to similar legal challenges that recently led to the disqualification of Trump administration appointees in Los Angeles, Nevada, and New Jersey for exceeding the 120-day statutory limit on interim U.S. attorneys.
The case will be heard by Senior U.S. District Judge Cameron Currie, a Bill Clinton appointee from South Carolina, who was specially assigned to oversee the dispute over Halligan’s appointment.
In court filings, defense lawyers detailed what they called an “extraordinary chain of events” leading to Halligan’s installation. After Attorney General Pam Bondi’s 120-day interim appointment of Erik Siebert expired, all judges in the Eastern District of Virginia unanimously voted to extend Siebert’s leadership — a move Trump overrode to name Halligan instead.
Legal experts say Thursday’s ruling could have far-reaching consequences for the Trump administration’s efforts to reshape the Justice Department. If Judge Currie agrees that Halligan’s appointment was unlawful, it could invalidate months of prosecutions brought under her leadership and further strain relations between the executive branch and the judiciary.
For now, both Comey and James remain free on bond as their legal teams mount a coordinated challenge — one that could determine not only their fate, but also the constitutional boundaries of presidential power over federal prosecutors.
