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Judge Berates Justice Dept. in Its Prosecution of Comey – The New York Times

Judge Berates Justice Dept. in Its Prosecution of Comey

The flashpoint was the Justice Department’s failure to turn over seized communications from a confidant of Mr. Comey’s, Daniel C. Richman, a law professor at Columbia University.

Listen to this article · 6:23 min Learn more

Former F.B.I. director James B. Comey as he appeared during the hearing on Capitol Hill in 2017. Credit… Doug Mills / The New York Times

By Glenn Thrush and Alan Feuer – Glenn Thrush reported from Alexandria, Va., and Alan Feuer from New York.

Nov. 5, 2025

A federal judge in the Trump administration’s prosecution of James B. Comey, the former F.B.I. director, on Wednesday blasted President Trump’s handpicked prosecutor, Lindsey Halligan, for taking an “indict first, investigate second” approach to the case.

The magistrate judge, William Fitzpatrick, repeatedly expressed his frustration — and at times his barely restrained annoyance — with Ms. Halligan during an otherwise procedural hearing in which he ordered the Justice Department to produce records from its investigation. Ms Halligan was hastily installed as the U.S. attorney for the Eastern District of Virginia in September after her predecessor refused to indict Mr. Comey on charges that he lied to Congress.

The flashpoint was the Justice Department’s failure to turn over communications it had seized from a confidant of Mr. Comey’s, Daniel C. Richman, a law professor at Columbia University, as part of an internal investigation of leaks in the Russia case during the first Trump administration. The government claims he served as a conduit between the director and the news media for passing along information about the Trump campaign’s connections to Russia in 2016.

As part of their defense, Mr. Comey’s lawyers have accused the Justice Department of vindictive prosecution and challenged the legality of Ms. Halligan’s appointment. They have argued that they have been unable to adequately defend their client without access to emails and other communications obtained by the government from Mr. Richman’s electronic devices in 2019 and 2020.

The judge grilled one of Ms. Halligan’s deputies, Nathaniel Lemons, over prosecutors’ release of material in recent days, including private text exchanges intended to cast Mr. Richman and Mr. Comey in unflattering light in an otherwise quotidian court filing. He asked whether prosecutors had given Mr. Comey an opportunity to review such material first to challenge their release.

When Mr. Lemons said he had not offered Mr. Comey’s lawyers access to the material, obtained in several search warrants as part of the internal leak investigation, the judge chided him for placing an “unfair” burden on the defense.

“We’re going to fix that and we’re going to fix that today,” said Judge Fitzpatrick, who served as the chief of the financial crimes and public corruption unit in the office Ms. Halligan now leads before his appointment to the bench in 2022.

Continue/Read Original Article Here: Judge Berates Justice Dept. in Its Prosecution of Comey – The New York Times

Tags: Berates, Comey, Congress, Department of Justice, FBI, Former Director, James Comey, Judge, Lindsey Halligan, Magistrate Judge, Mr. Comey, Prosecution, The New York Times, Trump Enemy, Trump Prosecution, William Fitzpatrick

#Berates #Comey #Congress #DepartmentOfJustice #FBI #FormerDirector #JamesComey #Judge #LindseyHalligan #MagistrateJudge #MrComey #Prosecution #TheNewYorkTimes #TrumpEnemy #TrumpProsecution #WilliamFitzpatrick

Judge Berates Justice Dept. in Its Prosecution of Comey – The New York Times

Judge Berates Justice Dept. in Its Prosecution of Comey

Former F.B.I. director James B. Comey as he appeared during the hearing on Capitol Hill in 2017. Credit… Doug Mills / The New York Times

The flashpoint was the Justice Department’s failure to turn over seized communications from a confidant of Mr. Comey’s, Daniel C. Richman, a law professor at Columbia University.

Listen to this article · 6:23 min Learn more

By Glenn Thrush and Alan Feuer – Glenn Thrush reported from Alexandria, Va., and Alan Feuer from New York.

Nov. 5, 2025

A federal judge in the Trump administration’s prosecution of James B. Comey, the former F.B.I. director, on Wednesday blasted President Trump’s handpicked prosecutor, Lindsey Halligan, for taking an “indict first, investigate second” approach to the case.

The magistrate judge, William Fitzpatrick, repeatedly expressed his frustration — and at times his barely restrained annoyance — with Ms. Halligan during an otherwise procedural hearing in which he ordered the Justice Department to produce records from its investigation. Ms Halligan was hastily installed as the U.S. attorney for the Eastern District of Virginia in September after her predecessor refused to indict Mr. Comey on charges that he lied to Congress.

The flashpoint was the Justice Department’s failure to turn over communications it had seized from a confidant of Mr. Comey’s, Daniel C. Richman, a law professor at Columbia University, as part of an internal investigation of leaks in the Russia case during the first Trump administration. The government claims he served as a conduit between the director and the news media for passing along information about the Trump campaign’s connections to Russia in 2016.

As part of their defense, Mr. Comey’s lawyers have accused the Justice Department of vindictive prosecution and challenged the legality of Ms. Halligan’s appointment. They have argued that they have been unable to adequately defend their client without access to emails and other communications obtained by the government from Mr. Richman’s electronic devices in 2019 and 2020.

The judge grilled one of Ms. Halligan’s deputies, Nathaniel Lemons, over prosecutors’ release of material in recent days, including private text exchanges intended to cast Mr. Richman and Mr. Comey in unflattering light in an otherwise quotidian court filing. He asked whether prosecutors had given Mr. Comey an opportunity to review such material first to challenge their release.

When Mr. Lemons said he had not offered Mr. Comey’s lawyers access to the material, obtained in several search warrants as part of the internal leak investigation, the judge chided him for placing an “unfair” burden on the defense.

“We’re going to fix that and we’re going to fix that today,” said Judge Fitzpatrick, who served as the chief of the financial crimes and public corruption unit in the office Ms. Halligan now leads before his appointment to the bench in 2022.

Continue/Read Original Article Here: Judge Berates Justice Dept. in Its Prosecution of Comey – The New York Times

#Berates #Comey #Congress #DepartmentOfJustice #FBI #FormerDirector #JamesComey #Judge #LindseyHalligan #MagistrateJudge #MrComey #Prosecution #TheNewYorkTimes #TrumpEnemy #TrumpProsecution #WilliamFitzpatrick

Judge Berates Justice Dept. in Its Prosecution of Comey – The New York Times

Judge Berates Justice Dept. in Its Prosecution of Comey

Former F.B.I. director James B. Comey as he appeared during the hearing on Capitol Hill in 2017. Credit… Doug Mills / The New York Times

The flashpoint was the Justice Department’s failure to turn over seized communications from a confidant of Mr. Comey’s, Daniel C. Richman, a law professor at Columbia University.

Listen to this article · 6:23 min Learn more

By Glenn Thrush and Alan Feuer – Glenn Thrush reported from Alexandria, Va., and Alan Feuer from New York.

Nov. 5, 2025

A federal judge in the Trump administration’s prosecution of James B. Comey, the former F.B.I. director, on Wednesday blasted President Trump’s handpicked prosecutor, Lindsey Halligan, for taking an “indict first, investigate second” approach to the case.

The magistrate judge, William Fitzpatrick, repeatedly expressed his frustration — and at times his barely restrained annoyance — with Ms. Halligan during an otherwise procedural hearing in which he ordered the Justice Department to produce records from its investigation. Ms Halligan was hastily installed as the U.S. attorney for the Eastern District of Virginia in September after her predecessor refused to indict Mr. Comey on charges that he lied to Congress.

The flashpoint was the Justice Department’s failure to turn over communications it had seized from a confidant of Mr. Comey’s, Daniel C. Richman, a law professor at Columbia University, as part of an internal investigation of leaks in the Russia case during the first Trump administration. The government claims he served as a conduit between the director and the news media for passing along information about the Trump campaign’s connections to Russia in 2016.

As part of their defense, Mr. Comey’s lawyers have accused the Justice Department of vindictive prosecution and challenged the legality of Ms. Halligan’s appointment. They have argued that they have been unable to adequately defend their client without access to emails and other communications obtained by the government from Mr. Richman’s electronic devices in 2019 and 2020.

The judge grilled one of Ms. Halligan’s deputies, Nathaniel Lemons, over prosecutors’ release of material in recent days, including private text exchanges intended to cast Mr. Richman and Mr. Comey in unflattering light in an otherwise quotidian court filing. He asked whether prosecutors had given Mr. Comey an opportunity to review such material first to challenge their release.

When Mr. Lemons said he had not offered Mr. Comey’s lawyers access to the material, obtained in several search warrants as part of the internal leak investigation, the judge chided him for placing an “unfair” burden on the defense.

“We’re going to fix that and we’re going to fix that today,” said Judge Fitzpatrick, who served as the chief of the financial crimes and public corruption unit in the office Ms. Halligan now leads before his appointment to the bench in 2022.

Continue/Read Original Article Here: Judge Berates Justice Dept. in Its Prosecution of Comey – The New York Times

#Berates #Comey #Congress #DepartmentOfJustice #FBI #FormerDirector #JamesComey #Judge #LindseyHalligan #MagistrateJudge #MrComey #Prosecution #TheNewYorkTimes #TrumpEnemy #TrumpProsecution #WilliamFitzpatrick

Letitia James pleaded not guilty to charges brought by Trump’s Justice Department. Here’s what’s next – CNN Politics

Politics • 4 min read

Letitia James pleaded not guilty to charges brought by Trump’s Justice Department. Here’s what’s next

By Devan Cole, Lauren del Valle, and Kara Scannell, Updated 2 hr ago

This sketch shows the inside of the courtroom in Norfolk, Virginia, on Friday, October 24, 2025, during the arraignment of New York Attorney General Letitia James. Christine Cornell  

Norfolk, Virginia — New York Attorney General Letitia James is set to go to trial in late January on felony charges of bank fraud and making false statements to a financial institution – if she doesn’t succeed at getting the case dismissed outright.

James was arraigned Friday morning at a federal courthouse in Norfolk, Virginia, where she pleaded not guilty to the pair of charges brought against her by a prosecutor who President Donald Trump put in the job after he complained that investigations into his political foes weren’t moving fast enough.

“There’s no fear today, no fear,” James said outside the courthouse as protesters chanted alongside her. “Because I believe that justice will rain down like water, and righteousness like a mighty stream.”

But it’s possible James doesn’t go to trial on January 26 at all: her attorneys previewed on Thursday and Friday their intent to try to get her case dropped in the coming months on several different grounds.

Letitia James speaks out after pleading not guilty in court. 5:11. Note: Video online in the article; no working link found.

Here’s what to know:

Halligan challenge

James’ lawyers told US District Judge Jamar Walker that they are challenging whether the interim US Attorney for Northern Virginia who brought James’ case, Lindsey Halligan, is lawfully serving in the position.

At Friday’s arraignment, the defense lawyers provided the written version of their arguments against Halligan’s authority, in an indication of how fast the case is moving already.

“Ms. Halligan thus lacked the power to present this case to the grand jury or sign this indictment, and she cannot continue to supervise this prosecution … This Court must reject the Executive Branch’s brazen attempt to sidestep the constitutional and statutory limitations on the appointment of U.S. Attorneys,” James’ team wrote.

The argument mirrors a similar effort underway in former FBI Director James Comey’s criminal case. Comey, who has pleaded not guilty to allegedly lying in congressional testimony, is another of Trump’s political enemies who Halligan indicted.

Halligan was tapped for the post after Trump pushed out the former interim US attorney, Erik Seibert. Comey’s team is arguing that Seibert had already served the legally allotted maximum of 120 days that someone can serve on a temporary basis before needing to be confirmed by the Senate.

In court papers submitted earlier this week, Comey’s lawyers claimed that Halligan’s appointment after those 120 days had passed means that Trump was not legally able to appoint a new interim attorney and avoid the Senate confirmation process altogether. They called the move a scheme to “circumvent” Congress’ role in the confirmation process.

A judge from South Carolina has been brought in to handle the Halligan issue and the motion in the James case will be added to that docket given the fact that they raise the same legal questions.

Reporter publishes ‘unsolicited’ texts from Trump’s handpicked prosecutor, 8:36. Note: Video online in article.

It would then be up to the South Carolina judge, Cameron McGowan Currie, to decide whether she should consider them on the same track. Comey’s request is set to be heard by Currie on November 13.

Should James and Comey succeed in persuading the judge that Halligan was unlawfully appointed, it could doom both cases since Halligan was the only prosecutor to sign the indictments.

Selective and vindictive prosecution bid

James has several other avenues for ridding herself of the charges ahead of trial.

Walker asked Lowell whether he also intends to ask that the case be dismissed based on a claim that the Justice Department is unfairly criminally pursuing her. The judge specifically pointed to a motion to dismiss based on “selective or vindictive prosecution” that is pending in Comey’s case.

Lowell confirmed he’d file such a motion, telling the court it’s “the worst kept secret” that James’ defense attorneys feel she’s being unfairly prosecuted. But he stressed that his team needed to see more evidence in the case before deciding on the contours of such a claim.

Continue/Read Original Article: https://www.cnn.com/2025/10/24/politics/takeaways-letitia-james-arraignment

#2025 #America #Arraignment #CNN #CNNNews #DonaldTrump #Education #Health #History #LetitiaJames #Libraries #Library #LibraryOfCongress #Norfolk #Opinion #Politics #Resistance #Science #SelectiveProsecution #Trump #TrumpAdministration #TrumpEnemy #UnitedStates #Virginia

Letitia James pleaded not guilty to charges brought by Trump’s Justice Department. Here’s what’s next – CNN Politics

Politics • 4 min read

Letitia James pleaded not guilty to charges brought by Trump’s Justice Department. Here’s what’s next

By Devan Cole, Lauren del Valle, and Kara Scannell, Updated 2 hr ago

This sketch shows the inside of the courtroom in Norfolk, Virginia, on Friday, October 24, 2025, during the arraignment of New York Attorney General Letitia James. Christine Cornell  

Norfolk, Virginia — New York Attorney General Letitia James is set to go to trial in late January on felony charges of bank fraud and making false statements to a financial institution – if she doesn’t succeed at getting the case dismissed outright.

James was arraigned Friday morning at a federal courthouse in Norfolk, Virginia, where she pleaded not guilty to the pair of charges brought against her by a prosecutor who President Donald Trump put in the job after he complained that investigations into his political foes weren’t moving fast enough.

“There’s no fear today, no fear,” James said outside the courthouse as protesters chanted alongside her. “Because I believe that justice will rain down like water, and righteousness like a mighty stream.”

But it’s possible James doesn’t go to trial on January 26 at all: her attorneys previewed on Thursday and Friday their intent to try to get her case dropped in the coming months on several different grounds.

Letitia James speaks out after pleading not guilty in court. 5:11. Note: Video online in the article; no working link found.

Here’s what to know:

Halligan challenge

James’ lawyers told US District Judge Jamar Walker that they are challenging whether the interim US Attorney for Northern Virginia who brought James’ case, Lindsey Halligan, is lawfully serving in the position.

At Friday’s arraignment, the defense lawyers provided the written version of their arguments against Halligan’s authority, in an indication of how fast the case is moving already.

“Ms. Halligan thus lacked the power to present this case to the grand jury or sign this indictment, and she cannot continue to supervise this prosecution … This Court must reject the Executive Branch’s brazen attempt to sidestep the constitutional and statutory limitations on the appointment of U.S. Attorneys,” James’ team wrote.

The argument mirrors a similar effort underway in former FBI Director James Comey’s criminal case. Comey, who has pleaded not guilty to allegedly lying in congressional testimony, is another of Trump’s political enemies who Halligan indicted.

Halligan was tapped for the post after Trump pushed out the former interim US attorney, Erik Seibert. Comey’s team is arguing that Seibert had already served the legally allotted maximum of 120 days that someone can serve on a temporary basis before needing to be confirmed by the Senate.

In court papers submitted earlier this week, Comey’s lawyers claimed that Halligan’s appointment after those 120 days had passed means that Trump was not legally able to appoint a new interim attorney and avoid the Senate confirmation process altogether. They called the move a scheme to “circumvent” Congress’ role in the confirmation process.

A judge from South Carolina has been brought in to handle the Halligan issue and the motion in the James case will be added to that docket given the fact that they raise the same legal questions.

Reporter publishes ‘unsolicited’ texts from Trump’s handpicked prosecutor, 8:36. Note: Video online in article.

It would then be up to the South Carolina judge, Cameron McGowan Currie, to decide whether she should consider them on the same track. Comey’s request is set to be heard by Currie on November 13.

Should James and Comey succeed in persuading the judge that Halligan was unlawfully appointed, it could doom both cases since Halligan was the only prosecutor to sign the indictments.

Selective and vindictive prosecution bid

James has several other avenues for ridding herself of the charges ahead of trial.

Walker asked Lowell whether he also intends to ask that the case be dismissed based on a claim that the Justice Department is unfairly criminally pursuing her. The judge specifically pointed to a motion to dismiss based on “selective or vindictive prosecution” that is pending in Comey’s case.

Lowell confirmed he’d file such a motion, telling the court it’s “the worst kept secret” that James’ defense attorneys feel she’s being unfairly prosecuted. But he stressed that his team needed to see more evidence in the case before deciding on the contours of such a claim.

Continue/Read Original Article: https://www.cnn.com/2025/10/24/politics/takeaways-letitia-james-arraignment

#2025 #America #Arraignment #CNN #CNNNews #DonaldTrump #Education #Health #History #LetitiaJames #Libraries #Library #LibraryOfCongress #Norfolk #Opinion #Politics #Resistance #Science #SelectiveProsecution #Trump #TrumpAdministration #TrumpEnemy #UnitedStates #Virginia

Letitia James pleaded not guilty to charges brought by Trump’s Justice Department. Here’s what’s next – CNN Politics

Politics • 4 min read

Letitia James pleaded not guilty to charges brought by Trump’s Justice Department. Here’s what’s next

By Devan Cole, Lauren del Valle, and Kara Scannell, Updated 2 hr ago

This sketch shows the inside of the courtroom in Norfolk, Virginia, on Friday, October 24, 2025, during the arraignment of New York Attorney General Letitia James. Christine Cornell  

Norfolk, Virginia — New York Attorney General Letitia James is set to go to trial in late January on felony charges of bank fraud and making false statements to a financial institution – if she doesn’t succeed at getting the case dismissed outright.

James was arraigned Friday morning at a federal courthouse in Norfolk, Virginia, where she pleaded not guilty to the pair of charges brought against her by a prosecutor who President Donald Trump put in the job after he complained that investigations into his political foes weren’t moving fast enough.

“There’s no fear today, no fear,” James said outside the courthouse as protesters chanted alongside her. “Because I believe that justice will rain down like water, and righteousness like a mighty stream.”

But it’s possible James doesn’t go to trial on January 26 at all: her attorneys previewed on Thursday and Friday their intent to try to get her case dropped in the coming months on several different grounds.

Letitia James speaks out after pleading not guilty in court. 5:11. Note: Video online in the article; no working link found.

Here’s what to know:

Halligan challenge

James’ lawyers told US District Judge Jamar Walker that they are challenging whether the interim US Attorney for Northern Virginia who brought James’ case, Lindsey Halligan, is lawfully serving in the position.

At Friday’s arraignment, the defense lawyers provided the written version of their arguments against Halligan’s authority, in an indication of how fast the case is moving already.

“Ms. Halligan thus lacked the power to present this case to the grand jury or sign this indictment, and she cannot continue to supervise this prosecution … This Court must reject the Executive Branch’s brazen attempt to sidestep the constitutional and statutory limitations on the appointment of U.S. Attorneys,” James’ team wrote.

The argument mirrors a similar effort underway in former FBI Director James Comey’s criminal case. Comey, who has pleaded not guilty to allegedly lying in congressional testimony, is another of Trump’s political enemies who Halligan indicted.

Halligan was tapped for the post after Trump pushed out the former interim US attorney, Erik Seibert. Comey’s team is arguing that Seibert had already served the legally allotted maximum of 120 days that someone can serve on a temporary basis before needing to be confirmed by the Senate.

In court papers submitted earlier this week, Comey’s lawyers claimed that Halligan’s appointment after those 120 days had passed means that Trump was not legally able to appoint a new interim attorney and avoid the Senate confirmation process altogether. They called the move a scheme to “circumvent” Congress’ role in the confirmation process.

A judge from South Carolina has been brought in to handle the Halligan issue and the motion in the James case will be added to that docket given the fact that they raise the same legal questions.

Reporter publishes ‘unsolicited’ texts from Trump’s handpicked prosecutor, 8:36. Note: Video online in article.

It would then be up to the South Carolina judge, Cameron McGowan Currie, to decide whether she should consider them on the same track. Comey’s request is set to be heard by Currie on November 13.

Should James and Comey succeed in persuading the judge that Halligan was unlawfully appointed, it could doom both cases since Halligan was the only prosecutor to sign the indictments.

Selective and vindictive prosecution bid

James has several other avenues for ridding herself of the charges ahead of trial.

Walker asked Lowell whether he also intends to ask that the case be dismissed based on a claim that the Justice Department is unfairly criminally pursuing her. The judge specifically pointed to a motion to dismiss based on “selective or vindictive prosecution” that is pending in Comey’s case.

Lowell confirmed he’d file such a motion, telling the court it’s “the worst kept secret” that James’ defense attorneys feel she’s being unfairly prosecuted. But he stressed that his team needed to see more evidence in the case before deciding on the contours of such a claim.

Continue/Read Original Article: https://www.cnn.com/2025/10/24/politics/takeaways-letitia-james-arraignment

#2025 #America #Arraignment #CNN #CNNNews #DonaldTrump #Education #Health #History #LetitiaJames #Libraries #Library #LibraryOfCongress #Norfolk #Opinion #Politics #Resistance #Science #SelectiveProsecution #Trump #TrumpAdministration #TrumpEnemy #UnitedStates #Virginia

Letitia James pleaded not guilty to charges brought by Trump’s Justice Department. Here’s what’s next – CNN Politics

Politics • 4 min read

Letitia James pleaded not guilty to charges brought by Trump’s Justice Department. Here’s what’s next

By Devan Cole, Lauren del Valle, and Kara Scannell, Updated 2 hr ago

This sketch shows the inside of the courtroom in Norfolk, Virginia, on Friday, October 24, 2025, during the arraignment of New York Attorney General Letitia James. Christine Cornell  

Norfolk, Virginia — New York Attorney General Letitia James is set to go to trial in late January on felony charges of bank fraud and making false statements to a financial institution – if she doesn’t succeed at getting the case dismissed outright.

James was arraigned Friday morning at a federal courthouse in Norfolk, Virginia, where she pleaded not guilty to the pair of charges brought against her by a prosecutor who President Donald Trump put in the job after he complained that investigations into his political foes weren’t moving fast enough.

“There’s no fear today, no fear,” James said outside the courthouse as protesters chanted alongside her. “Because I believe that justice will rain down like water, and righteousness like a mighty stream.”

But it’s possible James doesn’t go to trial on January 26 at all: her attorneys previewed on Thursday and Friday their intent to try to get her case dropped in the coming months on several different grounds.

Letitia James speaks out after pleading not guilty in court. 5:11. Note: Video online in the article; no working link found.

Here’s what to know:

Halligan challenge

James’ lawyers told US District Judge Jamar Walker that they are challenging whether the interim US Attorney for Northern Virginia who brought James’ case, Lindsey Halligan, is lawfully serving in the position.

At Friday’s arraignment, the defense lawyers provided the written version of their arguments against Halligan’s authority, in an indication of how fast the case is moving already.

“Ms. Halligan thus lacked the power to present this case to the grand jury or sign this indictment, and she cannot continue to supervise this prosecution … This Court must reject the Executive Branch’s brazen attempt to sidestep the constitutional and statutory limitations on the appointment of U.S. Attorneys,” James’ team wrote.

The argument mirrors a similar effort underway in former FBI Director James Comey’s criminal case. Comey, who has pleaded not guilty to allegedly lying in congressional testimony, is another of Trump’s political enemies who Halligan indicted.

Halligan was tapped for the post after Trump pushed out the former interim US attorney, Erik Seibert. Comey’s team is arguing that Seibert had already served the legally allotted maximum of 120 days that someone can serve on a temporary basis before needing to be confirmed by the Senate.

In court papers submitted earlier this week, Comey’s lawyers claimed that Halligan’s appointment after those 120 days had passed means that Trump was not legally able to appoint a new interim attorney and avoid the Senate confirmation process altogether. They called the move a scheme to “circumvent” Congress’ role in the confirmation process.

A judge from South Carolina has been brought in to handle the Halligan issue and the motion in the James case will be added to that docket given the fact that they raise the same legal questions.

Reporter publishes ‘unsolicited’ texts from Trump’s handpicked prosecutor, 8:36. Note: Video online in article.

It would then be up to the South Carolina judge, Cameron McGowan Currie, to decide whether she should consider them on the same track. Comey’s request is set to be heard by Currie on November 13.

Should James and Comey succeed in persuading the judge that Halligan was unlawfully appointed, it could doom both cases since Halligan was the only prosecutor to sign the indictments.

Selective and vindictive prosecution bid

James has several other avenues for ridding herself of the charges ahead of trial.

Walker asked Lowell whether he also intends to ask that the case be dismissed based on a claim that the Justice Department is unfairly criminally pursuing her. The judge specifically pointed to a motion to dismiss based on “selective or vindictive prosecution” that is pending in Comey’s case.

Lowell confirmed he’d file such a motion, telling the court it’s “the worst kept secret” that James’ defense attorneys feel she’s being unfairly prosecuted. But he stressed that his team needed to see more evidence in the case before deciding on the contours of such a claim.

Continue/Read Original Article: https://www.cnn.com/2025/10/24/politics/takeaways-letitia-james-arraignment

#2025 #America #Arraignment #CNN #CNNNews #DonaldTrump #Education #Health #History #LetitiaJames #Libraries #Library #LibraryOfCongress #Norfolk #Opinion #Politics #Resistance #Science #SelectiveProsecution #Trump #TrumpAdministration #TrumpEnemy #UnitedStates #Virginia

Letitia James pleaded not guilty to charges brought by Trump’s Justice Department. Here’s what’s next – CNN Politics

Politics • 4 min read

Letitia James pleaded not guilty to charges brought by Trump’s Justice Department. Here’s what’s next

By Devan Cole, Lauren del Valle, and Kara Scannell, Updated 2 hr ago

This sketch shows the inside of the courtroom in Norfolk, Virginia, on Friday, October 24, 2025, during the arraignment of New York Attorney General Letitia James. Christine Cornell  

Norfolk, Virginia — New York Attorney General Letitia James is set to go to trial in late January on felony charges of bank fraud and making false statements to a financial institution – if she doesn’t succeed at getting the case dismissed outright.

James was arraigned Friday morning at a federal courthouse in Norfolk, Virginia, where she pleaded not guilty to the pair of charges brought against her by a prosecutor who President Donald Trump put in the job after he complained that investigations into his political foes weren’t moving fast enough.

“There’s no fear today, no fear,” James said outside the courthouse as protesters chanted alongside her. “Because I believe that justice will rain down like water, and righteousness like a mighty stream.”

But it’s possible James doesn’t go to trial on January 26 at all: her attorneys previewed on Thursday and Friday their intent to try to get her case dropped in the coming months on several different grounds.

Letitia James speaks out after pleading not guilty in court. 5:11. Note: Video online in the article; no working link found.

Here’s what to know:

Halligan challenge

James’ lawyers told US District Judge Jamar Walker that they are challenging whether the interim US Attorney for Northern Virginia who brought James’ case, Lindsey Halligan, is lawfully serving in the position.

At Friday’s arraignment, the defense lawyers provided the written version of their arguments against Halligan’s authority, in an indication of how fast the case is moving already.

“Ms. Halligan thus lacked the power to present this case to the grand jury or sign this indictment, and she cannot continue to supervise this prosecution … This Court must reject the Executive Branch’s brazen attempt to sidestep the constitutional and statutory limitations on the appointment of U.S. Attorneys,” James’ team wrote.

The argument mirrors a similar effort underway in former FBI Director James Comey’s criminal case. Comey, who has pleaded not guilty to allegedly lying in congressional testimony, is another of Trump’s political enemies who Halligan indicted.

Halligan was tapped for the post after Trump pushed out the former interim US attorney, Erik Seibert. Comey’s team is arguing that Seibert had already served the legally allotted maximum of 120 days that someone can serve on a temporary basis before needing to be confirmed by the Senate.

In court papers submitted earlier this week, Comey’s lawyers claimed that Halligan’s appointment after those 120 days had passed means that Trump was not legally able to appoint a new interim attorney and avoid the Senate confirmation process altogether. They called the move a scheme to “circumvent” Congress’ role in the confirmation process.

A judge from South Carolina has been brought in to handle the Halligan issue and the motion in the James case will be added to that docket given the fact that they raise the same legal questions.

Reporter publishes ‘unsolicited’ texts from Trump’s handpicked prosecutor, 8:36. Note: Video online in article.

It would then be up to the South Carolina judge, Cameron McGowan Currie, to decide whether she should consider them on the same track. Comey’s request is set to be heard by Currie on November 13.

Should James and Comey succeed in persuading the judge that Halligan was unlawfully appointed, it could doom both cases since Halligan was the only prosecutor to sign the indictments.

Selective and vindictive prosecution bid

James has several other avenues for ridding herself of the charges ahead of trial.

Walker asked Lowell whether he also intends to ask that the case be dismissed based on a claim that the Justice Department is unfairly criminally pursuing her. The judge specifically pointed to a motion to dismiss based on “selective or vindictive prosecution” that is pending in Comey’s case.

Lowell confirmed he’d file such a motion, telling the court it’s “the worst kept secret” that James’ defense attorneys feel she’s being unfairly prosecuted. But he stressed that his team needed to see more evidence in the case before deciding on the contours of such a claim.

Continue/Read Original Article: https://www.cnn.com/2025/10/24/politics/takeaways-letitia-james-arraignment

#2025 #America #Arraignment #CNN #CNNNews #DonaldTrump #Education #Health #History #LetitiaJames #Libraries #Library #LibraryOfCongress #Norfolk #Opinion #Politics #Resistance #Science #SelectiveProsecution #Trump #TrumpAdministration #TrumpEnemy #UnitedStates #Virginia