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Judge Signals Doubts About Lindsey Halligan’s Appointment in Comey, James Cases

The judge questioned Halligan’s authority under the 120‑day statute and set a decision before Thanksgiving.

Overview

  • Defense teams for James Comey and Letitia James urged disqualification and dismissal, arguing federal law bars a second 120‑day interim appointment after Erik Siebert’s term and that Halligan’s solo grand jury role taints both indictments.
  • The Justice Department called the dispute a paperwork error, emphasized Attorney General Pam Bondi’s retroactive designation of Halligan as a Special Attorney, and pointed to a statute that could allow refiling if an indictment is tossed after the limitations period.
  • Judge Cameron McGowan Currie pressed prosecutors about missing time in the Comey grand jury record and how Bondi could have reviewed a proceeding that lacked a complete transcript.
  • Magistrate Judge William Fitzpatrick previously ordered late‑September grand jury transcripts and audio for in‑camera review, citing concerns about an indict‑first approach and possible privilege issues.
  • External pressures include new bar complaints against Halligan and recent rulings in other districts invalidating similar interim appointments, with both trials still penciled in for January pending Currie’s ruling and any appeals.