A federal judge plans to rule by Thanksgiving on a motion to toss out criminal cases against former FBI Director James B. Comey and New York Attorney General Letitia James.
Attorneys for Mr. Comey and Ms. James asked U.S. District Judge Cameron McGowan Currie on Thursday to dismiss separate criminal charges against them. They argued that the Trump administration had illegally appointed prosecutor Lindsey Halligan.
Mr. Comey, who is charged with lying to Congress, appeared in federal court in Alexandria, Virginia.
Mr. Comey’s and Ms. James’ attorneys argued that Ms. Halligan’s appointment to serve as interim U.S. attorney for the Eastern District of Virginia broke the law because her predecessor, who was also serving on an interim basis, had exceeded the 120-day limit for temporary appointments.
Ms. Halligan had “no authority” to bring a case against Mr. Comey before a grand jury, said Mr. Comey’s attorney, Ephraim McDowell, according to CNN reporters in the courtroom.
Ms. James’ attorney, Abbe Lowell, said Ms. Halligan operated as a private citizen when she argued the case before the jury.
The charges should be dropped without the possibility of reinstating them under a new prosecutor, the attorneys argued.
Lawyers representing the Justice Department on Thursday defended Ms. Halligan’s authority to prosecute the case.
They were also forced to defend former Attorney General Merrick Garland’s appointment of special counsel Jack Smith, who indicted Mr. Trump in two criminal cases. One case was dismissed by Judge Aileen Cannon, who ruled that Mr. Smith was not authorized to bring the case because the Senate had not confirmed his appointment.
Justice Department attorney Henry Whitaker denied the comparison to Ms. Halligan, CNN reported, but said the attorney general “has full authority” to appoint someone qualified.
A federal grand jury charged Mr. Comey on Sept. 25 with making false statements about leaks to the media. He was also charged with obstructing a congressional investigation into the disclosure of “sensitive information.”
Mr. Comey pleaded not guilty in October.
A federal grand jury indicted Ms. James on Oct. 9 on bank fraud charges and making false statements to a bank to get more favorable terms on a residential mortgage.
In a motion seeking to dismiss the case, Ms. James called the charges against her retaliatory and pointed to Mr. Trump’s calling her “crooked,” “scum” and other derogatory names.
Mr. Comey also argued in court papers that Mr. Trump is seeking revenge by filing charges against him.
“The government has singled out Mr. Comey for prosecution because of his protected speech and because of President Trump’s personal animus toward Mr. Comey,” his attorneys argued in an Oct. 20 motion to dismiss.
Mr. Comey was a key player in launching a deeply flawed, secret spy operation on Mr. Trump’s 2016 campaign that ultimately hobbled the president’s first term in office.
The former FBI director is thought to have facilitated leaks to the media about the unverified and likely fake Steele Dossier, which leveled various false, salacious claims against Mr. Trump.
Ms. James successfully prosecuted a civil fraud case against Mr. Trump in 2024, charging him with inflating the value of his Mar-a-Lago club and New York properties to secure bank loans. This August, a New York appeals court tossed out the $500 million fine.
• Susan Ferrechio can be reached at sferrechio@washingtontimes.com.
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