Court files cases against former FBI director and NY Attorney General

Shortly after her appointment, Halligan single-handedly secured charges against Comey and James after other career prosecutors in the office declined to participate.

Comey has pleaded not guilty to charges of making false statements and obstructing Congress. James has pleaded not guilty to charges of bank fraud and lying to a financial institution.

Lawyers for Comey and James argued that Halligan’s appointment violated a federal law that they said limits the appointment of an acting federal prosecutor to a 120-day period.

Repeated interim appointments, they say, would bypass the U.S. Senate confirmation process and allow a prosecutor to serve indefinitely. Siebert had previously been appointed by Bondi for 120 days and then was reappointed by the Federal District Court for the Eastern District of Virginia since the Senate had not yet confirmed him to the role.

Justice Department lawyers argued that the law allows the attorney general to make multiple interim appointments to federal prosecutors. Still, Bondi sought to strengthen the cases by separately appointing Halligan as a special prosecutor assigned to both cases. In that same document, she also said that she ratified the accusations.

At a hearing on November 13, Currie repeatedly raised questions about why the Justice Department felt it necessary to take this action if it believed Halligan’s appointment was legal.