Letitia James and James Comey Indictments in Jeopardy as They Challenge Legality of Prosecutor's Appointment
New York Attorney General Letitia James and former FBI Director James Comey are teaming up by taking aim at U.S. Attorney Lindsey Halligan, the federal prosecutor who brought indictments against each.
A hearing on their challenge will take place next month.
On Thursday, James’s representation filed a sparsely worded two-page notice of her intent to fight her banking fraud charge by having Halligan removed, according to CNN.
“Please take notice that on October 24, 2025, Letitia James, by counsel, will file her motion to dismiss the indictment that challenges the unlawful appointment of the United States Attorney for the Eastern District of Virginia, Lindsey Halligan,” the court filing said.
BREAKING: The judge presiding over Letitia James’ case has just ALLOWED her motion to dismiss to be consolidated with James Comey’s motion.
“This judge, Jamal Walker, has decided that he is going to grant a request by James’ attorneys to have her motion essentially to… pic.twitter.com/j9gJcfARHV
— Gunther Eagleman™ (@GuntherEagleman) October 24, 2025
A footnote noted that Comey is also trying to get out from under his indictment by questioning Halligan’s appointment and said “the two motions should likely be consolidated.”
Prosecutors allege that James bought a house in Virginia saying she would use it as a second home when she instead used it as a revenue-generating investment property, according to CBS News.
James has pleaded not guilty to the charge.
Comey claimed that Halligan was “defectively appointed to her office.”
Halligan was appointed after the U.S. Attorney, Erik Siebert for the Eastern District of Virginia resigned.
Comey’s lawyers have said that because an interim U.S. attorney was in the job longer than the 120-day period allowed, Halligan’s appointment was not valid.
Comey has been accused of making false statements to Congress and obstruction of justice. He has pleaded not guilty to the charges.
Comey has a Nov. 13 hearing scheduled on his efforts to have the indictment thrown out, according to The Hill.
That hearing is scheduled before U.S. District Judge Cameron Currie, an appointee of former President Bill Clinton who sits on the U.S. District Court for South Carolina.
Currie was picked by an appeals-level court that oversees both her district and the Eastern District of Virginia, which is where Comey and James were charged.
JUST IN: Judge Cameron Currie, a Clinton appointee, will decide whether Lindsey Halligan is disqualified as interim U.S. attorney, following a motion brought by James Comey. https://t.co/V5G24T0BcM pic.twitter.com/yFLCSlgyaP
— Kyle Cheney (@kyledcheney) October 21, 2025
“It is appropriate to reassign such a disqualification motion outside the pertinent district because the judges of the district have a conflict of interest,” Andrew C. McCarthy wrote in National Review.
“Besides working on various cases in which the government is a party (cases that the district U.S. attorney supervises), the judges of the district could be asked to vote on whether an interim U.S. attorney can remain in her position after the statutory 120-day interim term has expired,” he added.
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