Lawyers for James Comey and Letitia James have asked a federal judge to dismiss the criminal cases filed against them, claiming the administration of President Donald Trump illegally installed the prosecutor who brought the charges.<\/p>\n
On Thursday, US District Judge Cameron McGowan Currie heard their petition in Alexandria, Virginia, as the two defendants seek to have their cases tossed before they reach trial.<\/p>\n list of 3 items<\/span>end of list<\/span><\/section>\n Both Comey and James are considered prominent critics of President Trump, and they have argued that the charges against them are a form of political retribution.<\/p>\n Thursday\u2019s petition concerned the role of US Attorney Lindsey Halligan in the two indictments.<\/p>\n Halligan, an insurance lawyer who was formerly part of Trump\u2019s personal legal team, was appointed to the role of US attorney for the Eastern District of Virginia on an interim basis.<\/p>\n US attorneys are the top federal prosecutors in their districts, and to be appointed on a permanent basis, nominees must first be confirmed by the Senate.<\/p>\n Halligan, however, arrived at her role under unusual circumstances. Her predecessor, Erik Siebert, had been forced out in September amid pressure from President Trump.<\/p>\n Interim US attorneys may only serve a period of 120 days, after which point federal judges decide who can stay in the role. Siebert had gotten that approval. Halligan had not. It was instead the Department of Justice that named Halligan to the position of interim US attorney.<\/p>\n Lawyers for Comey and James have therefore maintained that Halligan\u2019s appointment as US attorney was invalid.<\/p>\n \u201cThe only thing that matters is whether Ms Halligan had a proper appointment when she stood before the grand jury, and she did not,\u201d Ephraim McDowell, one of Comey\u2019s lawyers, said on Thursday.<\/p>\n The Justice Department, however, has argued that the law does not prevent the appointments of successive interim US attorneys, nor does any ambiguity on the matter render Halligan\u2019s indictments invalid.<\/p>\n Justice Department lawyer Henry Whitaker called the concerns, at best, a \u201cpaperwork error\u201d \u2014 and not a reason to throw out the charges.<\/p>\n Halligan\u2019s appointment in September corresponded with a series of indictments against Trump rivals and critics, including James \u2014 a former director of the Federal Bureau of Investigation (FBI) \u2014 and James, the attorney general of New York state.<\/p>\n Comey was indicted on September 25 for allegedly making false statements and obstructing a congressional proceeding. The case against him focuses on whether he lied to senators during his 2020 testimony about the FBI\u2019s investigation into alleged Russian election interference in 2016.<\/p>\n Comey has pleaded not guilty to the charges.<\/p>\n New York Attorney General Letitia James has likewise denied any wrongdoing in her case. On October 9, she was indicted on one count of bank fraud and one count of making a false statement to a financial institution, both of which carry a maximum of 30 years in prison.<\/p>\n A third Trump critic, former national security adviser, John Bolton, was also indicted on October 16 on charges related to the alleged mishandling of classified documents. He, too, has pleaded not guilty.<\/p>\n Bolton was not part of Thursday\u2019s court hearing.<\/p>\n Lawyers for Bolton, Comey and James have separately argued that the prosecutions are improperly vindictive and motivated by the president\u2019s personal vendettas towards their clients.<\/p>\n Trump had openly called for the Comey and James indictments in September, addressing a Truth Social post to Attorney General Pam Bondi that blasted the Justice Department for \u201call talk, no action\u201d.<\/p>\nRecommended Stories <\/h2>\n
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Trump critics face indictments<\/h2>\n