Former FBI Director James Comey’s legal team has announced plans to challenge the appointment of interim U.S. Attorney Lindsey Halligan and seek dismissal of the indictment against him. This development was disclosed in a federal court notice on October 14, 2025.
Comey faces charges of making false statements to Congress during his 2020 testimony. He pleaded not guilty on October 8 and is currently awaiting trial, scheduled for January 5, 2026. His defense attorneys intend to file a motion on October 20, arguing that Halligan’s appointment was unlawful and that the prosecution is politically motivated.
Halligan, a former personal attorney to President Donald Trump, was appointed as interim U.S. Attorney for the Eastern District of Virginia following the resignation of Erik Siebert. Siebert reportedly stepped down under pressure from the administration to indict Comey and New York Attorney General Letitia James. Halligan, who lacks prior prosecutorial experience, presented the case against Comey to the grand jury herself, a move that has drawn criticism from legal experts.
In response to the indictment, Comey stated, “My heart is broken for the Department of Justice, but I have great confidence in the federal judicial system, and I’m innocent. So let’s have a trial.” His defense team argues that Halligan’s appointment exceeds the 120-day legal limit for interim U.S. attorneys and does not meet statutory exceptions, potentially rendering her actions invalid.
This legal maneuver is part of a broader trend of scrutinizing President Trump’s unconfirmed appointments for top prosecutorial roles. The outcome of this challenge could have significant implications for other high-profile prosecutions and the interpretation of executive appointment powers.
As the case progresses, the court’s decision on the validity of Halligan’s appointment and the motion to dismiss will be closely watched, given the potential impact on the Justice Department’s prosecutorial authority and the broader legal landscape.