On Thursday, November 13, 2025, NBC News reported that a federal judge expressed skepticism regarding the Justice Department’s arguments for maintaining Lindsey Halligan as a prosecutor in cases against former FBI Director James Comey and New York Attorney General Letitia James.

U.S. District Judge Cameron Currie presided over a hearing to consider whether Halligan should be disqualified from her position, potentially leading to the dismissal of the cases against Comey and James.

The Justice Department, represented by attorney Henry Whitaker, defended Halligan’s appointment as acting U.S. attorney, characterizing concerns about her lack of prosecutorial experience and ties to former President Trump as a mere “paperwork error.” However, Judge Currie voiced serious concerns, particularly regarding gaps in the transcript of the grand jury proceedings in the Comey case.

Attorneys for both Comey and James presented arguments before Judge Currie, who traveled from the District of South Carolina to avoid potential conflicts of interest. They argued that Halligan’s appointment was unlawful, rendering her essentially a private citizen when she presented the cases to the grand juries and signed off on the indictments.

Comey’s attorney, Ephraim McDowell, asserted that it is a “fundamental error” when the only person presenting to the grand jury lacks government authority. James’ lawyer, Abbe Lowell, argued that Halligan should not be allowed to present the case, just as a private citizen like Elon Musk would not be permitted to do so.

Judge Currie focused on the transcript of the grand jury deliberations in Comey’s case, noting a significant period of time missing between 4:28 p.m. and when Comey was indicted later that evening. She raised the possibility that a court reporter was not present during that time, leaving only Halligan and the grand jury in the room.

The judge also questioned a subsequent filing from U.S. Attorney General Pam Bondi, who claimed to have reviewed and signed off on the proceedings. Currie stated that it was obvious that the attorney general could not have reviewed the material due to the missing minutes. Whitaker initially claimed Bondi reviewed the proceedings but later revised his statement to say she reviewed the witness testimony.

Currie also inquired about Bondi’s decision to name Halligan a “special attorney” and asked Whitaker if he disagreed with the order that dismissed the case of U.S. versus Donald Trump in Florida, where Judge Aileen Cannon ruled that then-Attorney General Merrick Garland lacked the power to appoint a special counsel. Whitaker stated that he disagreed with the notion that the Attorney General cannot make appointments.

Halligan, who previously served on Trump’s legal team in the Mar-a-Lago classified documents case, was sworn in as interim U.S. attorney on September 22, three days after Erik Siebert resigned under pressure to indict Comey and James. The indictments followed public urging from Trump for Bondi to take action against Comey, James, and Senator Adam Schiff. Both Comey and James pleaded not guilty to the charges.

Critics have characterized the indictments as part of a pattern of Trump targeting his political adversaries. Former national security advisor John Bolton was also indicted in October.

Attorneys for James and Comey argue that the 120-day limit for an appointed U.S. attorney to serve without Senate confirmation should not reset with Halligan’s appointment.

Comey was charged with making a false statement to Congress during a September 2020 Senate Judiciary Committee hearing. The Justice Department argues that U.S. Code 3288 provides a six-month grace period for refiling an indictment if it is dismissed after the statute of limitations has expired. Comey is seeking a dismissal “with prejudice,” preventing the case from being refiled.

James faces a bank fraud charge within the 10-year statute of limitations, and her lawyer acknowledged she could be indicted again. Both Comey and James are seeking dismissal on the grounds of “selective and vindictive” prosecution.

Bondi retroactively appointed Halligan as a “special attorney” within the Department of Justice, delegating her authority to prosecute Comey and James. However, McDowell argued that this strategy is invalid.

Halligan also faces Bar Association complaints in Florida and Virginia, alleging abuse of power and undermining the integrity of the Department of Justice.

 

 

Source: NBC News