Comey's Defense Prepares Motion to Dismiss Indictment, Disqualify Halligan

Defense attorneys for indicted former FBI Director James Comey said they want an out-of-district judge to invalidate the appointment of interim U.S. Attorney Lindsey Halligan for the Eastern District of Virginia and dismiss the indictment charging Comey with felony offenses, according to a federal court notice.

Indicted former FBI Director James Comey’s defense attorneys have filed a notice forecasting they will file a motion Oct. 20 challenging whether the Trump administration lawfully appointed the interim U.S. attorney who secured the indictment in Alexandria, Virginia.

Comey wants an out-of-district judge to invalidate the appointment of interim U.S. Attorney Lindsey Halligan for the Eastern District of Virginia and dismiss the indictment, according to the notice his defense attorneys filed Tuesday.

“The Court advised at arraignment that such motion will require designation of and assignment to an out-of-district judge to hear and resolve that motion,” former Skadden, Arps, Slate, Meagher & Flom partner Patrick J. Fitzgerald and Jessica Carmichael of Virginia-based Carmichael Ellis & Brock wrote in the notice filed in the U.S. District Court for the Eastern District of Virginia.

Comey pleaded not guilty during an Oct. 8 arraignment before U.S. District Judge Michael S. Nachmanoff of the Eastern District of Virginia.

A federal grand jury handed up an indictment Sept. 25 charging Comey with lying to Congress and obstructing a congressional investigation days after President Donald Trump forced out former U.S. Attorney Erik Siebert and appointed Halligan to pursue criminal charges against White House adversaries.

Halligan secured an indictment Oct. 9 charging New York Attorney General Letitia James with white-collar crimes following Comey’s arraignment on perjury charges. Trump previously posted comments on Truth Social calling for the prosecutions of Comey and James following Siebert’s involuntary resignation.

Nachmanoff set a Jan. 5 trial date in United States v. Comey, but the case may never go to trial if an out-of-district judge invalidates Halligan’s appointment and dismisses the indictment.

Fitzgerald, a former U.S. attorney for the Northern District of Illinois, revealed Comey’s defense would challenge the lawfulness of Halligan’s appointment when the former FBI director pleaded not guilty Oct. 8.

The notice Fitzgerald and Carmichael filed Tuesday on behalf of Comey notifies Nachmanoff that a motion to dismiss will be filed Oct. 20 challenging the lawfulness of Halligan’s appointment—a motion that would need to be reviewed by an out-of-district judge.

“Thus, in the interest of efficiency and to avoid any unnecessary delay in such process, Mr. Comey files the instant Notice to formally alert the Court,” Fitzgerald and Carmichael wrote in the notice.
​
The notice cites U.S. District Senior Judge David G. Campbell of the District of Arizona’s Sept. 30 decision disqualifying Sigal Chattah from serving as acting U.S. attorney for the District of Nevada and the Aug. 21 decision by U.S. District Chief Judge Matthew W. Brann of the Middle District of Pennsylvania invalidating Alina Habba’s appointment to serve as acting U.S. attorney for the District of New Jersey.

Your browser does not support viewing this document. Click here to download the document.