Attorneys for Comey, James press judge to toss cases over Trump-installed prosecutor

Attorneys for erstwhile FBI Director James Comey and New York Attorney General Letitia James person asked a justice to propulsion retired their criminal indictments connected the ground that the Trump-installed authoritative who charged them was appointed unlawfully. 

At a proceeding Thursday, U.S. District Judge Cameron Currie pressed Justice Department lawyers connected the government's behaviour successful bringing indictments against Comey and James, which were brought conscionable weeks isolated astatine the nonstop urging of President Donald Trump aft helium removed a erstwhile appointee overseeing the almighty U.S. Attorney's Office successful the Eastern District of Virginia and replaced him with Lindsey Halligan, a White House adjutant and erstwhile security lawyer with nary anterior prosecutorial experience. 

Lawyers for Comey, who has pleaded not blameworthy to allegedly making false statements to Congress, and James, who has pleaded not blameworthy to owe fraud-related charges, argued that the cases against them are "fatally flawed" due to the fact that Halligan's assignment violates the Constitution's Appointments Clause. 

Judge Currie said she would program to regularisation earlier Thanksgiving. 

The ineligible situation comes connected the heels of different palmy efforts to disqualify prosecutors that the Trump medication had attempted to instal successful astatine slightest 3 different U.S. attorneys offices successful Los Angeles, Nevada and New Jersey beyond the 120-day bounds acceptable by national law. 

Judge Currie, an appointee of erstwhile President Bill Clinton from South Carolina, was appointed past period to oversee the situation to Halligan's appointment. 

In ineligible briefs, attorneys for some Comey and James pointed to the antithetic bid of developments starring up to Halligan's eventual assignment to pb the bureau aft the ouster of Erik Siebert, who judges successful the Eastern District of Virginia had unanimously voted to pb the bureau connected an interim ground aft his 120-day assignment by Attorney General Pam Bondi had expired. 

In this March 6, 2025, record photo, Lindsey Halligan, lawyer for Donald Trump, holds ceremonial proclamations to beryllium signed by Donald Trump successful the Oval Office of the White House, successful Washington, D.C.

Al Drago/Getty Images, FILE

Siebert, arsenic ABC News antecedently reported, had resisted bringing the cases against some Comey and James aft vocation prosecutors successful the bureau determined grounds against them would apt fail to person a jury of their guilt. 

But conscionable 4 days aft Halligan was installed to pb the office, according to sources, she dismissed recommendations of prosecutors and personally presented the charges against Comey earlier a expansive jury, which voted to indict him connected 2 of 3 counts sought by Halligan. Just 2 weeks later, Halligan again personally appeared earlier a expansive assemblage to question James' indictment. 

"The President and Attorney General appointed the President's idiosyncratic lawyer arsenic interim U.S. Attorney successful usurpation of a wide statutory bid truthful that the interim U.S. Attorney could indict an outspoken professional of the President conscionable days earlier the applicable statute of limitations was acceptable to expire," Comey's attorneys said successful a filing past month. 

The Justice Department has argued that the ineligible situation to Halligan's assignment is based connected a misreading of statutes that govern statesmanlike appointments and person accused Comey and James of seeking to exploit a "paperwork error" related to the instrumentality cited by Bondi erstwhile she initially appointed Halligan to pb the office. 

In a ineligible little earlier this month, prosecutors revealed that implicit a period aft Halligan was appointed to pb the office, Bondi signed an further bid that sought to retroactively name Halligan arsenic a "Special Attorney" specifically authorized to question the indictments of Comey and James. 

"The Attorney General has ratified Ms. Halligan's assignment arsenic Special Attorney with the authorization to behaviour transgression litigation successful this district," prosecutors said. "Because Ms. Halligan present has the indisputable authorization to proceed with this prosecution, prospective alleviation would beryllium inappropriate." 

In a reply little filed past week, Comey's attorneys accused the authorities of seeking to "retroactively transform" Halligan into an "authorized authorities attorney" and said their efforts to bolster the validity of her assignment were "unpersuasive." 

Critics accidental the indictments are portion of a campaign of retribution by Trump against his perceived governmental foes, but Vice President JD Vance has said immoderate specified prosecutions are "driven by instrumentality and not by politics." 

Both James and Comey person urged Judge Currie to disregard their indictments with prejudice, which would restrict from the authorities from bringing charges against them again if Halligan's assignment were to beryllium invalidated.