Comey Will Seek to Remove Prosecutor in Case Against Him

The former FBI director was indicted over congressional testimony that took place in 2020.

Former FBI Director James Comey testifies before the Senate Intelligence Committee in the Hart Senate Office Building on Capitol Hill in Washington on June 8, 2017. Drew Angerer/Getty Images

Attorneys for former FBI director James Comey told a federal judge on Oct. 14 that they will ask the court to rule that the U.S. attorney named by President Donald Trump to prosecute him was illegally appointed.

Having the appointment of Lindsey Halligan as interim U.S. Attorney for the District of Eastern Virginia declared unlawful is part of a legal defense strategy to have the indictment charging Comey thrown out. Comey’s legal team previously said they also intend to file a separate motion claiming the federal government is involved in vindictive prosecution.

U.S. attorneys are nominated by the president for four-year terms and must be confirmed by the U.S. Senate to take office, but federal law allows the president to make temporary appointments in certain circumstances.

Comey’s attorney, Patrick Fitzgerald, filed a notice of intent on Oct. 14 with Judge Michael Nachmanoff of the U.S. District Court for the Eastern District of Virginia. The brief notice said the actual motion challenging the appointment of Halligan will be filed on Oct. 20.

The notice did not provide details of the legal arguments about Halligan’s appointment that Comey’s legal team intends to present in court.

The notice also recalled that the court advised Comey at his arraignment that his motion about the appointment will require “assignment to an out-of-district judge to hear and resolve that motion.”

“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,” the notice said.

Comey entered not guilty pleas on Oct. 8 to charges of making a false statement and obstructing a congressional proceeding. He provided testimony to the Senate Judiciary Committee on Sept. 30, 2020.

The indictment alleged that Comey misled Congress by claiming he had not authorized anyone else to be an anonymous source in news reports about an FBI investigation.

Trump removed Comey as FBI director on May 9, 2017, during his first presidential term. Trump had criticized Comey’s handling of the FBI’s investigation into whether Russia interfered in the 2016 presidential election.

After Comey was indicted, Trump said other former officials may also be prosecuted.

“It’s not a list, but I think there will be others,” Trump told reporters on Sept. 26.

The president said that these people “were corrupt” and are members of the “radical left.”

“They weaponized the Justice Department like nobody in history,” Trump said. “What they’ve done is terrible. I hope, frankly, there are others because you can’t let this happen to a country.”

In a video posted to Instagram on Sept. 26, Comey responded to the indictment, declaring his innocence and suggesting that he was prepared to address the allegations in court. Comey told online viewers that he is “not afraid.”

“My heart is broken for the Department of Justice, but I have great confidence in the federal judicial system, and I’m innocent,” Comey said. “So let’s have a trial.”

Comey’s not-guilty pleas came after Halligan won an indictment against the former FBI chief in federal court in Alexandria, Virginia, days before the statute of limitations pertaining to the 2020 congressional testimony ran out.

Trump appointed Halligan last month.

Immediately before her appointment, Halligan worked as a special assistant to the president. Before that, she represented Trump in civil litigation after his Mar-a-Lago residence in Florida was raided in a search for classified documents.

Comey’s trial date is tentatively scheduled for Jan. 5, 2026.

Joseph Lord, Lawrence Wilson, Ryan Morgan, and Jack Phillips contributed to this report.