BREAKING: James Comey Makes Surprise Move to DISMISS Indictment

Disgraced former FBI Director James Comey is now pulling out all the stops to try to get his indictment dismissed.

In a turn of events, he’s now contesting the legality of the Trump-appointed U.S. Attorney who indicted him.

Lindsey Halligan was appointed by President Trump as interim U.S. Attorney for the Eastern District of Virginia after he forced the previous one out for refusing to do his job and bring charges against Leticia James.

Now, Comey’s attorneys are planning to file a motion next week claiming her appointment was “unlawful.”

Take a look:

🚨HAPPENING NOW🚨

James Comey is contesting the legality of President Trump's appointment of Lindsey Halligan as U.S. Attorney in court. pic.twitter.com/Y9pWsxa2Ej

— Breanna Morello (@BreannaMorello) October 14, 2025

The notice to the court is part of the Comey legal team’s attempt to have the entire case against him tossed out.

Fox News has more:

The filing is part of a broader effort by Comey’s legal team to have the criminal case tossed. His lawyers told the judge overseeing the case last week they planned a separate motion to dismiss the case on grounds of vindictive prosecution.

Tuesday’s filing is not a formal motion but a notice to the court that they plan to challenge Halligan’s appointment as acting U.S. attorney for the Eastern District. Doing so will require an “out-of-district judge” to hear the motion, as they noted in the filing.

The move is part of a broader salvo from Comey’s legal team to have his criminal case tossed, amid what they say is a politically motivated effort pursued by a lawyer with no prosecutorial experience, who formerly worked as Trump’s personal lawyer and White House aide.

Trump in September announced he would install Halligan as the top prosecutor for the Eastern District of Virginia, replacing interim attorney Erik Siebert who resigned under pressure to indict both Comey and New York Attorney General Letitia James.

Comey’s lawyers previously suggested that Halligan’s appointment, three days before his indictment, could strengthen their motion to dismiss.

“We think that’s an unlawful appointment,” Comey’s lawyers said.

ADVERTISEMENT

Comey’s criminal case has emerged as a political lighting rod, punctuating years of public broadsides and quietly simmering tensions between Trump and his onetime FBI director, whom he fired in 2017, less than halfway through Comey’s ten-year tenure as FBI director.

Comey used his memoir, “A Higher Loyalty,” and subsequent public appearances to take umbrage against Trump and publicly criticize the actions he took during his first term. Trump has continued to assail Comey and scrutinize his tenure at the FBI, including by reportedly pressing for the investigation and empaneling of a grand jury.

Halligan ultimately secured the indictment from a grand jury in Alexandria just days before the statute of limitations ran out in bringing the case.

Halligan, a former insurance attorney in Florida, has said that the charges against Comey “represent intentional, criminal acts and tremendous breaches of the public’s trust.”

“No one is above the law,” she told reporters last month.

Your opinion?