Friday, November 14, 2025 -Lawyers for former FBI Director James Comey and New York Attorney General Letitia James are asking a judge to throw out the criminal charges against them, arguing that the lead prosecutor was improperly installed.
They say Lindsey Halligan, appointed at President Trump’s insistence, was unlawfully made interim U.S. attorney for the Eastern District of Virginia — a move that, they argue, bypassed constitutional and statutory rules.
Their argument centers on the claim that Halligan’s appointment flouts the Appointments Clause, which governs how U.S. attorneys must be named. Defense attorneys point out that she had no prior prosecutorial experience, yet she swiftly pressed charges against Comey and James shortly after taking over.
During a hearing, Judge Cameron Currie expressed concern over missing portions of the grand jury transcript and whether key portions of Halligan’s appointment were properly documented.
On top of that, Comey’s team argues the case is politically motivated — a retaliatory prosecution driven by Trump’s personal animus. They are asking for the indictments to be dismissed with prejudice, meaning the government couldn’t bring the same charges again, if Halligan’s role is ruled illegitimate. Judge Currie plans to rule before Thanksgiving.
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