James Comey has taken action to challenge the appointment of US Attorney Lindsey Halligan.
A grand jury in the Eastern District of Virginia last month indicted former FBI Director James Comey. He was indicted on two counts: false statements and obstruction of congressional proceedings.
If convicted, James Comey faces up to five years in prison.
Comey’s case was assigned to U.S. District Judge Michael Nachmanoff, a Biden appointee.
James Comey’s attorney, Patrick Fitzgerald, entered a not guilty plea on behalf of his client on Wednesday. The trial date was set for January 5.
Last month, President Trump announced he had appointed Lindsey Halligan as U.S. Attorney for the Eastern District of Virginia after firing U.S. Attorney Erik Siebert.
Trump fired Siebert for refusing to indict Comey, Letitia James and Adam Schiff.
Lindsey Halligan was sworn in as interim US attorney for the Eastern District of Virginia and a few days later she indicted James Comey.
Comey’s attorneys alerted the court Tuesday that they will file a motion to dismiss the charges by challenging Lindsey Halligan’s nomination.
“Please note that on October 20, 2025, James Comey, acting as counsel, will file his motion to dismiss challenging the legality of the case appointment. United States Attorney for the Eastern District of Virginia,” Comey’s attorneys said in a statement. movement filed on Tuesday.
Comey’s lawyers cited two rulings that disqualified U.S. attorneys.
JUST IN: Comey confirms plan to challenge the legality of Trump’s appointment of Lindsey Halligan as US attorney for EDVA. Cites rulings in NJ/NV that disqualify American lawyers there. Motion comes on October 20. Doc: https://t.co/TEyjI92epu
— Josh Gerstein (@joshgerstein) October 14, 2025
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