Nov. 13 (UPI) — A federal judge was set to hear arguments Thursday that interim U.S. Attorney Lindsey Halligan was improperly in her role when she brought charges against former FBI Director James Comey and New York Attorney General Letitia James.
Attorneys for Comey and James are attending a rare joint hearing to put their case before U.S. District Judge Cameron Currie in Virginia. Currie traveled to Virginia from her normal jurisdiction, the District of South Carolina, to hear the case to avoid a potential conflict of interest, NBC News reported.
The attorneys have argued that Halligan, a former personal attorney for President Donald Trump, is improperly in her position as interim U.S. attorney for the Eastern District of Virginia.
Trump handpicked her to replace Erik Siebert, whom the president ousted in September after he refused to bring charges against people considered political opponents of his. Siebert had also served in the U.S. attorney position on an interim basis since May.
Within days of being named interim U.S. attorney, Halligan brought charges against Comey on obstruction charges related to the Russian collusion investigation and, separately, against James on charges she committed bank fraud related to a property she purchased in 2023.
Under federal law, U.S. attorney posts may be served on an interim basis for only 120 days without a Senate confirmation.
James and Comey’s attorneys said that 120 days had already passed under Siebert’s leadership by the time Halligan was named to the post in September. Additionally, they argue that 120-day timer does not reset when a new interim U.S. attorney is named, CNN reported.
Currie’s ruling on the matter could upend the Justice Department’s cases against James and Comey. Comey’s lawyers additionally said Halligan didn’t have the ability to bring charges against him because a five-year statute of limitations had passed.
Both James and Comey have pleaded not guilty to the charges brought against them.
