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.

Please follow our Community Guidelines

National News

Henry Bailey, 7, from Kentucky signs his name to a tribute sign to the late Dolly Parton before a N...

Associated Press

Dolly Parton’s estate accuses her nephew of threatening violence and to destroy his aunt’s legacy

Dolly Parton ‘s estate accused the country music icon’s nephew of threatening to commit violence and destroy his aunt’s legacy and business empire in court filings submitted Tuesday and asked a judge to keep him away from its employees and business dealings. Court documents filed in Nashville offer the first signs of discord in a […]

55 minutes ago

Work continues on the construction of the ballroom at the White House, Tuesday, Sept. 15, 2026, in ...

Associated Press

Trump says his ballroom will house a drone port. The Secret Service already has one next door

WASHINGTON (AP) — President Donald Trump’s AI-fueled vision for a drone port he intends to install atop the new White House ballroom includes missile-bearing unmanned aerial vehicles and gun-toting troops, ostensibly to protect the 18-acre complex and the nation’s capital. A few hundred feet away, a drone port, run by the U.S. Secret Service and […]

2 hours ago

President Donald Trump watches as balloons fall at the Republican convention Thursday, Sept. 10, 20...

Associated Press

Republicans dump cash into red states as they try to hold the line against Democrats in the midterms

WASHINGTON (AP) — Republicans are growing increasingly grim about their chances in November, with aligned groups pumping money into reliably red states and candidates scrambling to distance themselves from unpopular White House policies. From Texas to Ohio and Alaska to Iowa, campaigns are grappling with a fed-up electorate that is sour on the president and […]

3 hours ago

FILE - President Donald Trump, right, walks with Chinese President Xi Jinping during a welcome cere...

Associated Press

China’s Xi kicks off state visit to Washington on Wednesday with a rare planeside welcome from Trump

WASHINGTON (AP) — When Chinese President Xi Jinping arrives in Washington on Wednesday, he’s expected to get a rare greeting from President Donald Trump, who will be on the tarmac to welcome his counterpart’s plane instead of waiting for him to drive up to the White House. Trump’s decision to greet Xi at Joint Base […]

3 hours ago

FILE - Harvey Weinstein appears in Manhattan Supreme Court Thursday, June 25, 2026 in New York. (Ad...

Associated Press

Harvey Weinstein set to be sentenced for sexual assault after 6-year legal odyssey

NEW YORK (AP) — The first time Harvey Weinstein was sentenced to prison, reporters, advocates and the curious public crammed the courtroom to witness the disgraced Hollywood honcho’s #MeToo reckoning. Hours later, the world began shutting down as the COVID-19 pandemic raged. Now, after an overturned conviction and two retrials, Weinstein is set to be […]

3 hours ago

FILE - The state of Texas execution chamber in Huntsville, Texas, is seen on May 27, 2008. (AP Phot...

Associated Press

Texas is set to execute a second man convicted in 2005 triple homicide

DALLAS (AP) — A man found guilty of fatally shooting three people during a 2005 attempted robbery at a rural Texas home is scheduled to be executed Wednesday, a week after the other man convicted in the killings was put to death. Ker’Sean Ramey, 41, is set to die by lethal injection at the state […]

3 hours ago

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