Judge hears challenge to Lindsey Halligan appointment as Comey and James seek case dismissal

U.S

District Judge Cameron McGowan Currie heard arguments on Nov. 13, 2025, on challenges to Lindsey Halligan's appointment as interim U.S

Attorney for the Eastern District of Virginia Lawyers for James Comey and Letitia James argued that Halligan was illegally installed in the role and that their indictments should be dismissed The judge said she expects to rule by Thanksgiving.

Halligan was appointed by Attorney General Pam Bondi in Sep. 2025, just days before Comey was indicted, after interim U.S. Attorney Erik Siebert resigned facing Trump administration pressure to bring charges. Under federal law, attorneys general can appoint interim U.S. attorneys who serve for 120 days, but once that period expires, federal judges of that district have exclusive authority to fill the vacancy.

After Siebert's 120-day period expired and he resigned in Sep., Bondi appointed Halligan instead of allowing judges to select the next interim prosecutor. Defense lawyers argue this violated constitutional and statutory rules governing U.S. attorney appointments. Siebert had been appointed by Bondi in Jan. 2025 and Trump announced his intention to nominate him in May, but Siebert was pushed out after refusing to bring charges.

Trump publicly demanded action in a Sept. 20 Truth Social post directed to Bondi: 'What about Comey, Adam 'Shifty' Schiff, Leticia??? They're all guilty as hell, but nothing is going to be done.' On Sept. 19, Trump told reporters about Siebert: 'I want him out' after Siebert decided there was insufficient evidence to charge Comey and James.

Judge Currie noted that part of the Comey grand jury proceeding had no court reporter present. From 4:28 p.m. on the day of the Comey indictment until the indictment was returned, there was no documentation of proceedings. The judge said Attorney General Bondi couldn't have reviewed the missing transcript when she claimed to have ratified the indictment.

Comey was indicted on Sept. 25 on charges of making false statements and obstructing Congress related to 2020 testimony about the FBI's Russia investigation. James was indicted on Oct. 9 on bank fraud charges and making false statements to a financial institution regarding a home she purchased in Norfolk, Virginia. Both have pleaded not guilty.

Defense lawyers argue that if Halligan lacked authority, the indictments must be dismissed without the opportunity to reinstate them under a new prosecutor. In Comey's case, the five-year statute of limitations has expired, meaning no new indictment could be sought even with a properly appointed prosecutor.