Former FBI Director James Comey is challenging the legitimacy of former President Trump’s appointment of Lindsey Halligan as acting U.S. Attorney for the Eastern District of Virginia, arguing that her role was unlawful and therefore the indictment against him is invalid. Comey’s legal team filed a notice indicating they will move to dismiss the charges on the grounds that Halligan’s appointment violated federal statute and precedent requiring proper authority for U.S. attorneys. The filing points to recent federal court decisions in Nevada and New Jersey where Trump‑era interim appointments were struck down as unconstitutional.

In addition to the appointment challenge, Comey plans to file a separate motion asserting vindictive prosecution, claiming that the case is a political retaliation for his 2017 firing by Trump. Meanwhile, U.S. District Judge Michael Nachmanoff denied a DOJ request for a sweeping protective order, ruling it too broad and potentially harmful to Comey’s ability to defend himself.

Comey was indicted in September 2025 on charges of making false statements to Congress and obstructing a congressional proceeding. He has pleaded not guilty. A hearing is expected on the motion to dismiss, which could dramatically affect the trajectory of the case.