Comey and James Seek Dismissal of Cases Amid Questioned Prosecutor's Authority

Lawyers for former FBI Director James Comey and New York Attorney General Letitia James asked a judge Thursday to dismiss the cases against them, saying the prosecutor who secured the indictments was illegally installed in the role. U.S. District Judge Cameron McGowan Currie said she expects to decide by Thanksgiving on challenges to Lindsey Halligan's appointment as interim U.S. attorney for the Eastern District of Virginia. That decision could help determine the fate of the politically charged cases, which were both shepherded by the hastily installed Halligan and together have amplified concerns that the Justice Department is being used as a weapon to target President Donald Trump's perceived adversaries. The motion to dismiss the cases was filed in U.S. District Court in Alexandria, Virginia, where Comey and James are facing charges related to their handling of a Trump Organization investigation. Comey's lawyers argued that Halligan's appointment was invalid because it was made by Attorney General Pam Bondi, who was not authorized to do so under federal law. James' lawyers made similar arguments, citing the need for a properly appointed and confirmed U.S. attorney to prosecute the cases. "We believe that the appointment of Lindsey Halligan as interim U.S. attorney is unlawful and invalid," said a spokesperson for Comey's legal team. "As a result, the indictment against Mr. Comey should be dismissed." James' lawyers echoed the sentiment, stating that Halligan's appointment was a "clear abuse of power" and that the cases against their client should be dismissed. The appointment of Halligan as interim U.S. attorney has been the subject of controversy since September, when Attorney General Pam Bondi installed her in the role at the urging of President Donald Trump. Bondi has been criticized for bypassing the normal process for appointing a U.S. attorney, which typically involves Senate confirmation. The cases against Comey and James have been highly politicized, with many Democrats accusing the Justice Department of targeting Trump's perceived adversaries. The indictment against Comey relates to his handling of a Trump Organization investigation, while the indictment against James relates to her office's investigation into the Trump Organization's financial dealings. The decision on Halligan's appointment is expected to be made by Judge Currie by Thanksgiving, which could have significant implications for the cases against Comey and James. If the appointment is deemed invalid, the cases could be dismissed, potentially clearing the way for the two defendants to avoid prosecution. The outcome of the case is being closely watched by observers who are concerned about the politicization of the Justice Department and the potential for abuse of power. "This case highlights the need for a properly appointed and confirmed U.S. attorney to ensure that justice is served," said a spokesperson for the American Civil Liberties Union. "We hope that the court will take a close look at the appointment of Lindsey Halligan and determine whether it was lawful."