- - Judge hears arguments Thursday in bid by James Comey and Letitia James to disqualify Lindsey Halligan

Hannah Rabinowitz, Devan Cole, CNNNovember 13, 2025 at 6:00 AM

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Lindsey Halligan at the end of an interview outside of the White House, on August 20. - Jacquelyn Martin/AP

The criminal cases against two of the president’s fervent political adversaries face a critical test Thursday, as attorneys for former FBI Director James Comey and New York Attorney General Letitia James argue in court that the prosecutor who single-handedly brought their charges is unlawfully serving in her post.

The argument has put a target on Lindsey Halligan, President Donald Trump’s handpicked interim US Attorney for the Eastern District of Virginia who was tapped for the job days after her predecessor was ousted for resisting bringing charges against James related to a mortgage fraud investigation.

If the judge concludes that Halligan’s appointment is invalid, the decision could be a fatal blow to the cases against both Comey and James because she is the only federal prosecutor who signed their indictments, which were approved by a federal grand jury this fall.

The argument from both defendants is relatively straightforward: A US attorney can only serve 120 days on a temporary basis before needing to be confirmed by the Senate. That period had elapsed by the time Halligan was installed as the interim US attorney for the judicial district in September.

And, Comey’s and James’ defense attorneys say, the clock should not be reset just because a new person was appointed.

In court papers, Comey’s attorneys warned that if the attorney general, who makes the appointments, could do so “back-to-back,” then the “120-day period would be rendered meaningless, and the Attorney General could indefinitely evade the alternate procedures that Congress mandated.”

Under federal law, if the Senate hasn’t confirmed a nominee to serve in the role long-term and the 120-day period has passed, the judges in that judicial district must pick someone to serve in the role. In May, the judges in the Eastern District of Virginia picked Erik Siebert, whose time as interim US attorney was coming to a close, to continue serving in the job.

In Comey’s case, his attorneys further argue that a different prosecutor wouldn’t be able to seek a new indictment against the former FBI director since the five-year statute of limitations in his case has already expired.

The Justice Department has strongly pushed back, saying in court filings that even if the judge were to conclude Halligan is not lawfully serving in her role, the two indictments should not be tossed out altogether because the indictments don’t “hinge on her validly holding that particular office” of interim US attorney.

Attorneys for the department have also claimed that Attorney General Pam Bondi can appoint a new interim US attorney after 120 days “if a new vacancy arises.” But several other judges who have considered similar challenges to US attorneys in other states have rejected that argument in recent months.

The challenge to Halligan’s authority is being heard in Alexandria, Virginia, by senior US District Judge Cameron McGowan Currie, an appointee of former President Bill Clinton who ordinarily sits in South Carolina. Currie was tapped to handle this part of the two cases given the role the other judges in the Eastern District of Virginia play in ensuring there is a top prosecutor in their district.

Comey has pleaded not guilty to federal charges of giving false statements and obstruction of a congressional proceeding for allegedly lying to Congress during testimony in 2020.

James was charged last month with two counts: bank fraud and making false statements to a financial institution in connection to a home she purchased in Norfolk, Virginia. She has pleaded not guilty.

Both trials are tentatively set for January.

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