Comey and James Challenge Legitimacy of Indictments

Alexandria, Virginia – November 13, 2025 – Lawyers for James Comey and Letitia James have filed motions seeking dismissal of their criminal cases, arguing that the Trump administration illegally installed the prosecutor who brought charges against them.

The petition was heard Thursday by US District Judge Cameron McGowan Currie, who is reviewing whether the indictments, led by US Attorney Lindsey Halligan, were valid.

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Controversial Appointment of Lindsey Halligan

Halligan, a former insurance lawyer and ex-member of Trump’s personal legal team, was appointed interim US Attorney for the Eastern District of Virginia after her predecessor, Erik Siebert, was forced out in September.

• Interim US attorneys may only serve 120 days without court approval.
• Halligan had not been confirmed or approved by a federal judge, raising questions about her authority to prosecute.

“The only thing that matters is whether Ms. Halligan had a proper appointment when she stood before the grand jury, and she did not,” said Ephraim McDowell, Comey’s lawyer.

The Justice Department contends that Halligan’s appointment was legal and that any procedural ambiguity does not invalidate the indictments.

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Charges Against Trump Critics

• James Comey, former FBI Director, was indicted for allegedly making false statements and obstructing Congress regarding the FBI’s 2016 Russia investigation.
• Letitia James, New York Attorney General, faces charges of bank fraud and making false statements to a financial institution.
• Both have pleaded not guilty.

The indictments came after President Trump publicly called for action against his critics and praised Halligan for pursuing charges against them.

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Judge Notes Procedural Gaps

Judge Currie highlighted gaps in grand jury documentation:

• No court reporter was present for part of Comey’s grand jury proceedings.
• This raises questions about whether Attorney General Pam Bondi could have properly reviewed the indictment.

Currie is expected to issue a ruling by Thanksgiving.

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Calls for Professional Oversight

The watchdog group Campaign for Accountability filed complaints urging state bar investigations into Halligan’s conduct, citing:

• Alleged abuse of power and undermining DOJ integrity.
• Irregular grand jury procedures, including lack of participation by career prosecutors.
• Only 14 of 23 grand jurors voted to indict Comey.

The group argued that without Trump’s intervention, neither Comey nor James would likely have been indicted.