Comey, James in court today to toss Trump-appointed prosecutor's cases

Lawyers for James Comey and Letitia James will urge a federal judge to toss their indictments, arguing President Trump's hand-picked prosecutor was illegally appointed.The big picture: The ruling could test how far the Trump administration can go in reshaping the Justice Department in his quest for retribution against political foes.Trump has exerted public pressure on the department to target his political enemies and reportedly ousted the previous U.S. attorney who declined to do so.Lindsey Halligan, Trump's personal attorney who had no prior prosecutorial experience, was tapped to replace Erik Siebert. Days after, she indicted Comey and, later, James. Driving the news: Senior U.S. District Judge Cameron McGowan Currie will hear Comey's and James' bids to dismiss their cases Thursday morning in a Virginia courtroom.The defendants argue Halligan's appointment violated the Constitution's Appointments Clause. U.S. attorneys are typically nominated by the president and confirmed by the Senate. While the attorney general may choose an interim U.S. attorney to serve for 120 days, James' and Comey's attorneys argued that window already expired.The defendants say that means the district court, not Attorney General Pam Bondi, should have appointed an interim U.S. attorney.What they're saying: "News reports and the President's own public statements indicate that the grand jury proceeding would not have occurred absent Ms. Halligan's unlawful appointment," James' legal team wrote in an October motion to dismiss. "The only proper remedy is dismissal."Comey's team similarly argued, "Dismissal of the indictment is warranted because Ms. Halligan was not lawfully exercising governmental authority when she secured and signed that indictment."They argue the clock would run out after 120 days from the attorney general's initial appointment (in this case, Siebert), rather than starting over with a new pick. If she could instead make "back-to-back sequential appointments of interim U.S. Attorneys, the 120-day period would be rendered meaningless," Comey's team argued.The other side: The government argued her appointment was legal, and even if it weren't, the indictments should still stand.In their filing, prosecutors wrote, "any defect in Ms. Halligan's role does not taint the indictments themselves." They argue she was at least a "de facto officer," and Bondi could have installed her in another role.The prosecution also said if the indictments are dismissed, it should be done "without prejudice," so prosecutors can "swiftly seek reindictment."The White House referred Axios to the DOJ, which declined to comment.State of play: Comey has pleaded not guilty to charges of lying to and obstructing Congress, and James has pleaded not guilty to federal bank fraud charges.In a head-turning Truth Social post in September, Trump publicly implored Bondi to go after Comey, James and Sen. Adam Schiff (D-Calif.), another Trump foe. The president claimed they were all "guilty as hell" and that "Woke RINO" Siebert "was never going to do his job."The cases have become a proxy for Trump's broader push to wield the Justice Department against his rivals. To critics, the charges represent a crumbling of prosecutorial independence — but to Trump's base, they've been received as vindication.Go deeper: Comey accuses Trump of "personal spite" as he seeks to dismiss case

Comments

World news

USask Huskies capture Mitchell Bowl at home, advance to 2025 Vanier Cup

Global News

Marjorie Taylor Greene casts doubt on Trump‘s MAGA credentials and suggests he is being pressured to cover up Epstein files

about 21 hours ago

Independent

Marjorie Taylor Greene tells Trump to ‘refocus’ on MAGA and tamp down divisive rhetoric as feud over Epstein files intensifies: Live

about 21 hours ago

Group of five in early twenties die in Co Louth car crash ‘while heading to a party’

Metro

Comments

Similar News

James Comey and Letitia James to challenge validity of Trump-era charges

Judge orders prosecutors to turn over evidence in case against James Comey

More than 100 former Justice Department officials call for ‘vindictive’ case against former FBI Director James Comey to be dismissed

Former FBI Director James Comey wants his case thrown out over ‘vindictive prosecution’ fueled by Trump’s ‘personal spite’

World news

USask Huskies capture Mitchell Bowl at home, advance to 2025 Vanier Cup

Danko Jones on new album ‘Leo Rising’ and what it takes to grind it out on the road

Call of the Wilde: Montréal Canadiens fall to the Boston Bruins

La Nina weather system could bring more deadly storms to Southeast Asia, scientists warn

Hunt for gunman after boy, 10, and 21-year-old woman killed and three others injured in mass shooting in Newark

Marjorie Taylor Greene casts doubt on Trump‘s MAGA credentials and suggests he is being pressured to cover up Epstein files

Marjorie Taylor Greene tells Trump to ‘refocus’ on MAGA and tamp down divisive rhetoric as feud over Epstein files intensifies: Live

Group of five in early twenties die in Co Louth car crash ‘while heading to a party’

The militias battling to form a breakaway coastal state in the Middle East

Christmas is cancelled as shoppers cut back on festive supermarket baskets

Trump wants to crush the BBC. Time for Labour to take a stand

Nearly 70 schools to close in Australia over fears of asbestos in play sand

'Deep sadness' as extensive search off Ireland's coast for missing Royal Navy crew member ends

Arrest over deadly car blast in New Delhi

The cities Trump is targeting with ICE crackdowns next

Trump's $2,000 tariff checks requires legislation, Bessent says

Tragic update in hunt for missing UK Navy crew member after distress call

Five week old baby drowned in bath 'after argument between mum and dad'

B.C. Premier David Eby survives leadership review as NDP delegates signal support

'Fury from Alberta and Saskatchewan': Western patience wearing thin over lack of Alberta pipeline plan

10 necessities for fighting the cold and flu

Bruins hand slumping Canadiens third straight loss

Gun theft lead to shelter-in-place order in Alta.

Vilardi nets shootout winner, Jets down Flames

Forsberg shuts down Senators in return to Ottawa

A rare nugget of bipartisanship: How data farms’ water-gobbling and rate hikes have communities fighting back

How Budget could hit you if you earn over £50k – and what you can do about it

Lorde live in Manchester was a confirmation of her status as a pop star

Cold snap to bring -7°C temperatures and possibly snow as health alerts issued

Iran says it's no longer enriching uranium at any site in the country

Behind the Curtain: MAGA's metastasizing mess

Twilight of the star CEO

Ontario town ends boat rescue service sparking concern among water safety advocates

Naturalized citizens gripped by fear as Trump’s immigration policy shifts

Five people dead after crash on ‘very dangerous’ road

At least 13 injured in ‘freak accident’ as demolition derby car crashes into crowd

Sending licence fee money to Mar-a-Lago not ‘smart’, shadow minister suggests after Trump threatened to sue BBC

Hundreds of thousands rally in Manila against flood-control corruption scandal

Commentary: Front-runner or flash in the pan? Sizing up Newsom, 2028

Noughties diet culture destroyed our girls. I can’t believe it’s back

The cars still available on the Motability scheme if luxury models are cut

Everything we know about the Home Office’s radical asylum overhaul

Is AI being shoved down your throat at work? Here’s how to fight back.

Why are there so many billionaires nowadays?

Five young adults dead after car crash

Photos of the treasures in Rome's exclusive Colonna Palace

Zelenskyy says Ukraine is working on a prisoner exchange with Russia

Foreign minister says Iran is no longer enriching uranium at any site in the country

Co Louth crash: Three men and two women killed in horror car accident

Tragic twist of Disney fan who died in front of resort staff as hidden details emerge

YouTuber Jack Doherty arrested in Miami on drug possession charges

China Escalates Japan Feud With Island Patrols and Warnings to Citizens

'Dear Canada, we miss you': What these U.S. cities and states are doing to woo Canadians back

Despite Trump's cane sugar activism, Canadian Coke drinkers should get used to high-fructose corn syrup

Two-year-old boy dies after falling from 20th-floor apartment window in New Jersey

Border Patrol agents question Christmas light workers as crackdown escalates

Trump turns on Marjorie Taylor Greene in explosive feud that could shatter MAGA movement

Disability rights activist Alice Wong dies in hospital aged 51

Gen Z protests spread to Mexico City with 100 police officers injured

Inside top secret planning for Disease X – to prevent the UK’s next Covid