Trump Foes Comey, James Dispute Prosecutor’s Authority in Court

Lawyers for former FBI Director James Comey and New York Attorney General Letitia James on Thursday sparred with the government in court over whether a federal prosecutor who brought charges against them was lawfully appointed to her position.

In a high-stakes legal bid, Comey and James argue the charges against them should be thrown out because the prosecutor, Lindsey Halligan, isn’t lawfully allowed to be the interim US attorney for the Eastern District of Virginia.

US District Judge Cameron McGowan Currie in Alexandria, Virginia, said she would issue a ruling before the Thanksgiving holiday.

“The only thing that matters is if Ms. Halligan had proper authority when she stood in front of the grand jury — and she did not,” Comey’s attorney Ephraim McDowell told the judge, who was presiding over the first hearing in the case.

The government viewed the matter as “at best a paperwork error,” said Henry Charles Whitaker, the Justice Department’s attorney.

Lindsey Halligan

Photographer: Al Drago/Bloomberg

President Donald Trumpabruptly installed Halligan in September as interim US attorney after her predecessor resigned under pressure to bring charges against Comey and James. She was the sole prosecutor who secured separate grand jury indictments against Comey and James.

Comey was indicted in September for allegedly lying to Congress and obstruction related to testimony he gave in 2020. James was indicted in October for one count of alleged bank fraud and one count of making false statements to a financial institution related to a mortgage on a home she owns in Virginia.

If Currie rules that Halligan wasn’t lawfully appointed, both cases could be dismissed because no other prosecutors signed the indictments. The Justice Department would have the option to appeal the ruling.

The case hinges on whether Halligan’s appointment violates the law governing the appointment of interim US attorneys.

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Comey and James argue that Halligan’s predecessor, Erik Siebert, ran the office as interim US attorney for 120 days as allowed by the law. They say the law doesn’t allow for another person to be named as interim US attorney after the 120 days expired, meaning that Halligan’s appointment should be void.

The Justice Department, however, argues that Halligan’s appointment is valid, saying that Comey and James have misinterpreted the law. Department lawyers also say Attorney General Pam Bondi retroactively gave Halligan the additional title of “special attorney” that would allow her to bring the cases even if her appointment as interim US attorney is deemed unlawful.

The cases are United States v. James and United States v. Comey, 25-cr-00272, US District Court, Eastern District of Virginia.

To contact the reporters on this story:
Chris Strohm in Washington at cstrohm1@bloomberg.net;
Jimmy Jenkins in Washington at jjenkins199@bloomberg.net

To contact the editors responsible for this story:
Sara Forden at sforden@bloomberg.net

Elizabeth Wasserman, Steve Stroth

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