## Judge Hears Challenge to Trump-Appointed Prosecutor in Comey and James Cases
A federal judge is currently considering a challenge to the appointment of Lindsey Halligan, the prosecutor overseeing the cases against former FBI Director James Comey and New York Attorney General Letitia James. The challenge centers on whether Halligan was lawfully appointed to her position by former President Donald Trump.Halligan indicted Comey on a bank fraud charge just days before the five-year statute of limitations expired. The Justice Department argues the indictment should stand, citing U.S. Code 3288, which allows for a new indictment within six months of a dismissal if the original was filed after the statute of limitations had lapsed. Legal experts suggest this six-month grace period could be key to continuing the prosecution, as the bank fraud charge falls within the ten-year statute of limitations.
The case stems from media scrutiny surrounding an FBI examination into the Clinton Foundation, where Comey previously stated, ”I stand by the testimony.” Trump and Comey clashed during Trump’s first term over the handling of the investigation into alleged ties between the Trump campaign and Russia, leading to Comey’s firing in May 2017 and subsequent criticism of Trump.
Recent actions by Bondi, a Trump appointee, aim to solidify Halligan’s position. On October 31st, Bondi issued an order retroactively appointing Halligan as a “special attorney” within the Department of Justice, effective September 22nd – three days before Comey’s indictment. The order further delegates authority to Halligan to prosecute both comey and James.
Halligan is also facing ethics complaints filed by the Campaign for Accountability, a left-leaning watchdog group, with Bar Associations in Florida and Virginia. The complaint alleges “an abuse of power” that “undermine[s] the integrity of the department of Justice” and erodes public trust.
This challenge to Halligan’s appointment is part of a broader pattern of legal challenges to appointments made by Trump. In late September, a Nevada judge disqualified acting U.S. Attorney Sigal Chattah for violating the Federal Vacancies Reform Act. Similarly, in August, a New Jersey judge ruled Alina Habba was “not lawfully holding the office of United states Attorney” after her 120-day interim appointment expired, possibly voiding actions taken during her time as the top federal prosecutor.
Letitia James, the New York Attorney General currently being prosecuted by Halligan, previously sued Trump and his businesses for fraud in 2022.
