LDN. 🚨 BREAKING: James Comey Seeks to Disqualify Prosecutor Lindsey Halligan, Calling Her Appointment Illegal and All Actions Invalid. LDN
WASHINGTON, D.C. — October 21, 2025
In a dramatic new filing, former FBI Director James Comey has asked a federal court to disqualify prosecutor Lindsey Halligan and invalidate every action she has taken in his ongoing criminal case. His legal team argues that Halligan’s appointment as U.S. Attorney for the Eastern District of Virginia was not made in accordance with federal law, rendering all proceedings she led “void and unconstitutional.”
⚖️ The Core Argument
Comey’s motion, filed late Monday, centers on a procedural challenge to Halligan’s appointment. His lawyers claim that she was never confirmed by the Senate, as required under the U.S. Constitution, and that her extended service as an “acting” U.S. Attorney violated the 120-day limit set by federal statute.
Under 28 U.S.C. § 546, an interim U.S. Attorney appointed by the Attorney General may serve for 120 days, after which the appointment authority shifts to the district court. Comey’s filing argues that the Justice Department “circumvented this process” by re-appointing Halligan beyond the legal window, thus stripping her of any legitimate prosecutorial authority.
As a result, the motion contends, “every filing, indictment, and proceeding led by Ms. Halligan must be nullified under the Appointments Clause and federal law.”
đź’Ą Claim of Political Retaliation
Beyond the technical argument, Comey’s team also accuses the prosecution of being “tainted by personal and political motives” linked to former President Donald Trump.
“The government’s actions represent a vindictive prosecution driven by Mr. Trump’s personal animus,” the filing states, adding that Comey’s constitutional rights to due process and equal protection were violated.
This marks the first major counterattack from Comey’s defense since his indictment last month on charges of making false statements to Congress and obstructing a congressional investigation. His lawyers are seeking dismissal with prejudice, which would permanently bar the government from refiling the charges.
🏛️ Background
Comey was indicted on September 25, 2025, by a federal grand jury in Virginia. Prosecutors allege that he misled Congress during testimony about internal FBI procedures and interfered with document disclosures related to the 2016 election.
The case has drawn enormous attention in Washington, with legal experts calling it a “stress test” of how far post-Trump-era prosecutors can pursue figures once central to the Russia investigation.
Comey’s motion now adds a new layer of complexity, potentially challenging the legitimacy of the entire prosecution.
🔍 What Happens Next
Federal Judge Thomas Ellis III is expected to review the motion in the coming weeks. If the court agrees that Halligan’s appointment was invalid, the Justice Department may be forced either to re-appoint a properly confirmed U.S. Attorney or abandon the case altogether.
As one senior defense attorney told Politico, “If Comey succeeds here, this could blow up not just his case but dozens of others handled under Halligan’s tenure.”
For now, the former FBI chief’s latest move turns a high-profile criminal case into a constitutional showdown — one that could have ripple effects across the Justice Department and future prosecutions.
(Sources: Politico, Washington Post, Reuters — October 20-21, 2025)
