(NewsNation) — Former FBI Director James Comey and New York Attorney General Letitia James are attempting to have their federal charges dismissed.
A federal judge heard arguments Thursday in their joint motion to disqualify Lindsey Halligan from her position as the interim Eastern District Attorney of Virginia.
The pair argued that Halligan, a President Donald Trump appointee with no prosecutorial experience, has no authority to prosecute them. If her appointment is ruled invalid, James and Comey’s charges could be dismissed. A decision is reportedly expected before Thanksgiving.
In September, Comey was indicted on charges of lying to Congress. He pleaded not guilty.
A few weeks later, James also entered a not guilty plea on charges accusing her of mortgage fraud.
Former FBI Director James Comey speaks to reporters on Capitol Hill Washington, Dec. 17, 2018. AP Photo/J. Scott Applewhite, File) 
New York Attorney General Letitia James speaks after pleading not guilty outside the United States District Court on Oct. 24, 2025, in Norfolk, Va. (AP Photo/John Clark) 
Lindsey Halligan, special assistant to the president, speaks with a reporter outside of the White House on Aug. 20, 2025, in Washington. (AP Photo/Jacquelyn Martin, File)
Halligan was the only prosecutor to present evidence to the grand juries to secure indictments against Comey and James. She was also the only prosecutor to sign off on the indictments.
Both Comey and James have said Halligan’s indictments are politically motivated and revenge for openly opposing Trump at various points in his political career.
James has filed dozens of lawsuits against Trump and his administration, while Comey was fired by Trump in 2017 and claims the president sought to pressure him to quash an investigation into former national security adviser Michael Flynn.
NewsNation’s Anna Kutz contributed to this report.