James Comey moved to challenge the appointment of US Attorney Lindsey Halligan.
A grand jury in the Eastern District of Virginia indicted former FBI Director James Comey last month. He was indicted on two counts – false statements and obstruction of a congressional proceeding.
If convicted, James Comey is facing up to five years in prison.
Comey’s case was assigned to US District Judge Michael Nachmanoff, a Biden appointee.
James Comey’s lawyer, Patrick Fitzgerald, entered the not guilty plea on his client’s behalf on Wednesday. The trial date was set for January 5.
Last month President Trump announced he appointed Lindsey Halligan as US Attorney for the Eastern District of Virginia after he fired US Attorney Erik Siebert.
Trump fired Siebert because he refused to charge 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 on Tuesday that they will be filing a motion to dismiss the charges by challenging the appointment of Lindsey Halligan.
“Please take notice that on October 20, 2025, James Comey, by counsel, will file his motion to dismiss challenging the lawfulness of the appointment of the case United States Attorney for the Eastern District of Virginia,” Comey’s lawyers said in a motion filed on Tuesday.
Comey’s attorneys cited two rulings disqualifying US attorneys.
JUST IN: Comey confirms plan to challenge legality of Trump’s appointment of Lindsey Halligan as US Attorney for EDVA. Cites rulings in NJ/NV disqualifying US attorneys there. Motion coming Oct. 20. Doc: https://t.co/TEyjI92epu
— Josh Gerstein (@joshgerstein) October 14, 2025
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