NATIONAL NEWS

Judge to hear arguments challenging appointment of prosecutor who charged James Comey, Letitia James

Nov 12, 2025, 9:04 PM

FILE - Lindsey Halligan, outside of the White House, Aug. 20, 2025, in Washington. (AP Photo/Jacque...

FILE - Lindsey Halligan, outside of the White House, Aug. 20, 2025, in Washington. (AP Photo/Jacquelyn Martin, File)
Credit: ASSOCIATED PRESS

(AP Photo/Jacquelyn Martin, File)

ALEXANDRIA, Va. (AP) — Lawyers for two of President Donald Trump’s foes who have been charged by the Justice Department are set to ask a federal judge Thursday to dismiss the cases against them, saying the prosecutor who secured the indictments was illegally installed in the role.

The challenges to Lindsey Halligan’s appointment as interim U.S. attorney for the Eastern District of Virginia are part of multi-prong efforts by former FBI Director James Comey and New York Attorney General Letitia James to get their cases dismissed before trial.

At issue during Thursday’s arguments are the complex constitutional and statutory rules governing the appointment of the nation’s U.S. attorneys, who function as top federal prosecutors in Justice Department offices across the country.

The role is typically filled by lawyers who have been nominated by a president and confirmed by the Senate. Attorneys general do have the authority to get around that process by naming an interim U.S. attorney who can serve for 120 days, but lawyers for Comey and James note that once that period expires, the law gives federal judges of that district exclusive say over who can fill the vacancy.

But that’s not what happened in this instance.

After then-interim U.S. attorney Erik Siebert resigned in September while facing Trump administration pressure to bring charges against Comey and James, Attorney General Pam Bondi — at Trump’s public urging — installed Halligan to the role.

Siebert had been appointed by Bondi in January to serve as interim U.S. attorney. Trump in May announced his intention to nominate him and judges in the Eastern District unanimously agreed after his 120-day period expired that he should be retained in the role. But after the Trump administration effectively pushed him out in September, the Justice Department again opted to make an interim appointment in place of the courts, something defense lawyers say it was not empowered under the law to do.

Prosecutors in the cases say the law does not explicitly prevent successive appointments of interim U.S. attorneys by the Justice Department, and that even if Halligan’s appointment is deemed invalid, the proper fix is not the dismissal of the indictment.

Comey has pleaded not guilty to charges of making a false statement and obstructing Congress, and James has pleaded not guilty to mortgage fraud allegations. Their lawyers have separately argued that the prosecutions are improperly vindictive and motivated by the president’s personal animus toward their clients, and should therefore be dismissed.

National News

This undated photo provided by Grail Inc. on Tuesday, Sept. 22, 2026, shows an employee scanning a ...

Associated Press

Grail’s cancer blood test faces high-stakes FDA review

WASHINGTON (AP) — A blood test designed to spot signs of multiple cancers in apparently healthy people faces its first major regulatory hurdle Wednesday as advisers to the U.S. government review how well it works. Grail Inc.’s test looks for DNA fragments shed by tumor cells, an emerging approach to screening that aims to detect […]

14 minutes ago

Former Democratic Gov. Roy Cooper, who is running for U.S. Senate, holds hands with a woman followi...

Associated Press

Republicans say Democrats are extremists. These Democrats want to convince voters that’s not true

COLUMBIA, S.C. (AP) — As Democrats try to take back control of Congress, they’re trying a familiar tactic to win over voters in conservative areas — they’re criticizing their own party. They’re complaining about former President Joe Biden, promising to work with President Donald Trump to secure the border, insisting they’ll never defund the police […]

15 minutes ago

Flags fly at the United Nations Tuesday, Sept. 22, 2026, at the UN headquarters, as security keeps ...

Associated Press

New York City gridlock: Security beefed up at UN this year for General Assembly

UNITED NATIONS (AP) — Opening day at the United Nations’ annual gathering of world leaders saw beefed-up security measures and a suspicious package that added to the chaotic scene around U.N. headquarters in New York. For the first time, apparently in response to escalating threats, U.N. security required all staff and lower-ranking diplomats to have […]

2 hours ago

Democratic U.S. Senate candidate Texas state Rep. James Talarico talks with volunteers at a food dr...

Associated Press

Talarico works to reach Black voters in his bid to win a US Senate seat as a Democrat in Texas

HOUSTON (AP) — Juli McShay had a few pointed questions for James Talarico, the Democratic nominee for the U.S. Senate in Texas, when she stood up during a town hall in Houston. Black audiences like this one are key to Talarico’s effort to defeat Republican state Attorney General Ken Paxton and become the first Democrat […]

2 hours ago

President Donald Trump signs a security agreement with Denmark's Prime Minister Mette Frederiksen a...

Associated Press

What to know about the agreement signed by President Trump and the leaders of Denmark and Greenland

U.S. President Donald Trump and the leaders of Denmark and Greenland signed an agreement about the status of the Arctic island after months of threats by Trump to seize the semiautonomous territory of a NATO ally. The deal was officially signed Tuesday in New York, after U.S., Greenlandic and Danish officials had quietly negotiated for […]

3 hours ago

Asunta Washington, 38, poses for a photo in New Braunfels, Texas, Wednesday, Sept. 16, 2026. (AP Ph...

Associated Press

Takeaways: What a new AP-KFF survey reveals about rural American voters

WASHINGTON (AP) — A new poll from The Associated Press in partnership with KFF finds that about half of rural American voters believe the economy is worse off now than when President Donald Trump returned to office, pointing to economic frustration among a key group that has backed Trump and other Republicans in recent elections. […]

3 hours ago

Judge to hear arguments challenging appointment of prosecutor who charged James Comey, Letitia James