WASHINGTON, D.C. — New York Attorney General Letitia James announced on Thursday that her legal team intends to ask a federal judge to dismiss the criminal charges against her, citing the allegedly unlawful appointment of the U.S. Attorney who brought the indictment. The motion was filed ahead of James’ scheduled arraignment in the U.S. District Court in Norfolk, Virginia, where she is expected to plead not guilty to one count of bank fraud and one count of making false statements to a financial institution.

Challenge to U.S. Attorney Lindsey Halligan

The legal challenge targets Lindsey Halligan, who was appointed last month by former President Donald Trump as U.S. Attorney for the Eastern District of Virginia. Halligan’s appointment followed the forced resignation of her predecessor, who reportedly expressed doubts about the sufficiency of evidence against James and former FBI Director James Comey.

Halligan, a former personal attorney to Trump with no prior prosecutorial experience, independently obtained indictments against both James and Comey without involvement from career prosecutors in the office. James’ legal team argues that Halligan’s appointment was politically motivated and therefore invalid, making the resulting charges “unlawful.”

Parallel Legal Action by James and Comey

James is not alone in contesting Halligan’s appointment. Comey is also challenging the legitimacy of Halligan’s role as interim U.S. Attorney, with oral arguments scheduled for November 13 in Alexandria, Virginia. A South Carolina federal judge has been assigned to hear the case to prevent any potential conflict of interest, given the political sensitivities involved.

There is a possibility that the challenges brought by James and Comey could be consolidated, similar to cases in other districts such as New Jersey and Nevada, where criminal defendants have successfully questioned the appointments of U.S. attorneys.

Restrictions on Prosecutorial Communications

Separately, James’ attorneys requested that the court enforce rules preventing prosecutors from making extrajudicial statements regarding the case. This motion comes after reports that Halligan contacted a reporter via the encrypted messaging app Signal to complain about social media posts concerning the James case.

Political Context and Broader Implications

The controversy over Halligan’s appointment and the criminal charges against James underscores the highly politicized nature of ongoing legal proceedings involving former Trump critics. Trump has publicly promised retribution against individuals, including James and Comey, who he claims used the justice system to obstruct his political ambitions.

The outcome of James’ challenge could set a precedent for questioning the legitimacy of politically appointed prosecutors, raising questions about fairness, impartiality, and the intersection of law and politics in federal prosecutions.