Judge hears challenge to Trump's appointment of Lindsey Halligan, the prosecutor in James Comey and Letitia James cases

When acting U.S. Attorney Lindsey Halligan walks into federal court here in Virginia on Thursday morning, it will be Halligan — not the criminal defendants she hopes to prosecute — at the center of the Court’s attention.

ALEXANDRIA, Va. — When acting U.S. Attorney Lindsey Halligan walks into federal court here in Virginia on Thursday morning, it will be Halligan — not the criminal defendants she hopes to prosecute — at the center of the court’s attention.

Former FBI Director James Comey and New York Attorney General Letitia James, both frequent targets of President Donald Trump, filed separate motions in their respective cases, arguing that Halligan is unlawfully serving as acting U.S. attorney and therefore the indictments against them should be thrown out. In a rare joint hearing, attorneys for Comey and James will argue this together before U.S. District Judge Cameron Currie, who is traveling up from the District of South Carolina.

Currie is hearing this joint oral argument session, not a judge from the Eastern District of Virginia, to avoid any potential intradistrict conflict of interest.

Halligan, who was part of Trump’s legal team in the Mar-a-Lago classified documents case but has no prior prosecutorial experience, was sworn in to the job as interim U.S. attorney in one of the nation’s busiest federal court districts on Sept. 22. That’s three days after Erik Siebert, the U.S. attorney who had been serving in the role since Jan. 21, resigned after being pressured to indict Comey and James.

The indictments against Comey and James came after Trump publicly urged Attorney General Pam Bondi to take action against Comey, James and another of the president’s adversaries, Sen. Adam Schiff, D-Calif. Comey and James both pleaded not guilty to their respective charges.