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Former FBI Director James Comey and New York Attorney General Letitia James are aiming to convince a federal judge on Thursday that Lindsey Halligan, who brought criminal charges against both of them, is an unlawful U.S. attorney.
Lawyers for Comey and James plan to make their arguments during a hearing in Virginia to Judge Cameron Currie, a Clinton appointee tasked with deciding Halligan’s fate.
President Donald Trump installed Halligan in September as the top prosecutor in the Eastern District of Virginia days after ousting Erik Siebert, who opposed charging Comey and James, two of the president’s top political nemeses. Amid the change, Trump posted a message to Attorney General Pam Bondi on Truth Social, indicating that he wanted revenge for his own prior prosecutions and that Bondi needed to act fast.
Halligan, a former insurance lawyer with no prosecutorial experience, brought the indictments almost immediately. Her name was the lone signature on each of them, and no Virginia prosecutors joined the case.
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In court briefs, Comey’s and James’ lawyers have said Halligan’s appointment was defective because Bondi improperly designated her as an interim U.S. attorney after Siebert had already served in that position, which had a 120-day term limit that had expired.
Because Halligan was the only prosecutor to sign the grand jury indictments, legal experts have said that could be their fatal flaw if the courts deem her invalid.
Bondi has since said she retroactively ratified the indictments and designated Halligan a “special attorney” for the “avoidance of doubt,” according to court filings.
“In all events, the government has endorsed the prosecutions, and the Attorney General has personally ratified the indictments to obviate any question as to their validity,” DOJ lawyers wrote.
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Halligan’s appointment came as part of a series of maneuvers the Trump administration has made to bypass the Senate confirmation process and keep in place the president’s preferred appointees in temporary capacities using loopholes in federal vacancy laws. Federal judges in New Jersey, California and Nevada have disqualified appointees in those states, and the New Jersey case is now pending before an appellate court. The issue could be bound for the Supreme Court.
Comey’s lawyers argued in court papers that Currie, the judge presiding over the issue, “should reject the government’s machinations.”
Comey is facing a charge that he made a false statement to Congress and James is facing a bank fraud allegation.
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Both have pleaded not guilty and have argued their indictments should be tossed out on the grounds that Halligan was improperly appointed and that they were selectively and vindictively prosecuted.
If Comey’s and James’ charges were to be thrown out, it is unclear what would happen next. The DOJ could appeal or attempt to bring them again, depending on how the courts rule.
Fox News’ Bill Mears and David Spunt contributed to this report.
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