Comey and James seek case dismissal, arguing prosecutor was illegally appointed

"U.S. District Judge Cameron McGowan Currie said she expects to decide by Thanksgiving on challenges to Lindsey Halligan's appointment as interim U.S. attorney for the Eastern District of Virginia. That decision could help determine the fate of the politically charged cases, which were both shepherded by the hastily installed Halligan and together have amplified concerns that the Justice Department is being used as a weapon to target President Donald Trump's perceived adversaries."

"Halligan was installed in the job at Trump's urging by Attorney General Pam Bondi in September, just days before Comey was indicted, in what defense lawyers say was an end-run around the constitutional and statutory rules governing the appointment of U.S. attorneys. They say the maneuver was designed to ensure indictments against the president's political opponents after the prosecutor who had been overseeing the two investigations, but had not brought charges, was effectively forced out."

"They say the maneuver was designed to ensure indictments against the president's political opponents after the prosecutor who had been overseeing the two investigations, but had not brought charges, was effectively forced out. "Ms. Halligan was the sole prosecutor in the grand jury room, and when the sole prosecutor lacks the authority," said Ephraim McDowell, one of Comey's defense lawyers, "that's not going to be a harmless error.""

A judge expects to decide by Thanksgiving on challenges to Lindsey Halligan's interim appointment as U.S. attorney for the Eastern District of Virginia. The decision could determine the fate of cases against former FBI Director James Comey and New York Attorney General Letitia James that were overseen by Halligan. Halligan was installed in September at President Trump's urging by Attorney General Pam Bondi, days before Comey was indicted. Defense lawyers contend the appointment bypassed constitutional and statutory appointment rules to secure indictments after the prior prosecutor overseeing the investigations, who had not brought charges, was effectively forced out.

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