Comey Challenges Legality of Trump-Appointed U.S. Attorney in Bid to Dismiss Indictment

Former FBI Director James Comey is contesting the legitimacy of President Donald Trump’s appointment of Lindsey Halligan as acting U.S. attorney for the Eastern District of Virginia, arguing her placement was unlawful and renders his indictment invalid.

In a notice filed Tuesday, Comey’s legal team said they will seek dismissal of the charges based on Halligan’s allegedly improper appointment. They argue it violates federal law and established precedent requiring Senate confirmation for U.S. attorneys. The filing references recent federal rulings in Nevada and New Jersey, where similar Trump appointments were deemed unconstitutional.

Comey’s team also plans to file a separate motion alleging vindictive prosecution, claiming the charges stem from political retaliation for his 2017 firing by Trump. Halligan, a former Trump attorney and White House aide, was appointed last month following the resignation of interim U.S. Attorney Erik Siebert.

In a related development, U.S. District Judge Michael Nachmanoff rejected a Justice Department request to restrict Comey’s access to evidence. Nachmanoff ruled that the proposed protective order was too broad and could hinder Comey’s ability to defend himself.

Comey was indicted last month on charges of making false statements to Congress and obstruction of justice. He has pleaded not guilty. His attorneys argue the case reflects political motives and highlight Comey’s long history of handling classified materials. A hearing on the motion to dismiss has not yet been scheduled, but its outcome could significantly alter the course of the case.