Attorneys for former FBI Director James Comey and New York Attorney General Letitia James will present their cases to a federal judge on Thursday, arguing that the indictments against their clients should be dismissed due to an alleged breach of constitutional requirements.
In September, Lindsey Halligan was appointed as interim US attorney in Virginia by Pam Bondi, the head of the Justice Department. However, Comey's lawyers claim that her appointment is unlawful, citing a provision in federal law that limits the term for an interim US attorney to 120 days.
The issue arises because Halligan presented evidence to Comey and James grand juries alone, rather than with line prosecutors who had worked on the cases. Several prosecutors left the office or were fired after Halligan became interim US attorney, leading some to question her legitimacy in handling the cases.
Comey's lawyers argue that since Halligan's appointment is invalid, the indictment against their client is also a nullity and should be dismissed. They claim that allowing Bondi to make back-to-back sequential appointments would effectively circumvent Senate confirmation and the district court's role.
James' attorney Abbe Lowell has filed a motion seeking a court order that would block Halligan from supervising her case and exercising any other duties as interim US attorney.
In contrast, the Justice Department argues that Mr. Trump and Bondi have the authority to appoint an interim US attorney after a previous interim pick has already served the 120-day maximum. The department claims that even if the judge sides with Comey and James, Bondi's actions can be ratified retroactively, allowing Halligan to continue conducting criminal and civil proceedings in the district.
A federal judge from South Carolina will preside over Thursday's arguments, having been appointed by President Bill Clinton in 1994.
In September, Lindsey Halligan was appointed as interim US attorney in Virginia by Pam Bondi, the head of the Justice Department. However, Comey's lawyers claim that her appointment is unlawful, citing a provision in federal law that limits the term for an interim US attorney to 120 days.
The issue arises because Halligan presented evidence to Comey and James grand juries alone, rather than with line prosecutors who had worked on the cases. Several prosecutors left the office or were fired after Halligan became interim US attorney, leading some to question her legitimacy in handling the cases.
Comey's lawyers argue that since Halligan's appointment is invalid, the indictment against their client is also a nullity and should be dismissed. They claim that allowing Bondi to make back-to-back sequential appointments would effectively circumvent Senate confirmation and the district court's role.
James' attorney Abbe Lowell has filed a motion seeking a court order that would block Halligan from supervising her case and exercising any other duties as interim US attorney.
In contrast, the Justice Department argues that Mr. Trump and Bondi have the authority to appoint an interim US attorney after a previous interim pick has already served the 120-day maximum. The department claims that even if the judge sides with Comey and James, Bondi's actions can be ratified retroactively, allowing Halligan to continue conducting criminal and civil proceedings in the district.
A federal judge from South Carolina will preside over Thursday's arguments, having been appointed by President Bill Clinton in 1994.