Former FBI chief James Comey and New York State Attorney General Letitia James have alleged that their recent charges are politically driven prosecutions motivated by animosity from ex-President Donald Trump. They are seeking to dismiss the charges by arguing that the attorney chosen by Trump to bring the indictment in Virginia is not rightfully in her position, and citing a Justice Department memo authored by a current Supreme Court justice to support their claim. A hearing took place on Thursday in Alexandria, Virginia, with a decision not expected immediately.
The Trump administration has faced setbacks this year over similar challenges concerning appointments in New Jersey, Nevada, and California. The argument revolves around the 120-day rule, which involves Erik Siebert being sworn in as the interim U.S. Attorney for the Eastern District of Virginia without Senate confirmation. Siebert resigned just days before Comey was indicted on charges of making false statements to Congress, and James was indicted on mortgage fraud allegations.
Halligan, a lawyer with a background in insurance law and a former personal attorney for Trump, succeeded Siebert as U.S. Attorney. Critics, including former Bush administration attorney John McKay, have labeled Halligan’s appointment as unconstitutional and unlawful, alleging Trump’s involvement in the decision.
Attorneys for Comey and James are contesting Halligan’s appointment, arguing that it violates federal law limiting interim appointments to one 120-day period. The Justice Department contends that Halligan’s appointment was lawful and that additional appointments are not precluded. The case is being closely watched, with a ruling expected before Thanksgiving.
This legal battle echoes similar disputes in other states, such as California, Nevada, and New Jersey, where appointees faced challenges over their eligibility to prosecute cases. The outcomes of these cases could have implications for the ongoing prosecutions of Comey and James, with differing statute of limitations affecting their legal standing.