Washington Examiner’s Justice Department Reporter Kaelan Deese said on Wednesday that former FBI Director James Comey’s lawyers will likely try to challenge his trial, specifically the appointment of U.S. Attorney Lindsey Halligan.
Comey made history when Halligan indicted him on Sept. 25, making him the first former FBI director to be criminally charged after leaving office. He pleaded not guilty to charges of making false statements and obstructing a 2020 congressional proceeding during his arraignment Wednesday morning.
Deese said both parties agreed to a tentative trial date of Jan. 5, which is beyond the “speedy trial window” requested by the government, but it seems the trial will begin in January. Deese also said he “absolutely” got a sense that Comey’s lawyers will seek to challenge this trial.
“It seems like they’re going to be trying to challenge Lindsey Halligan’s appointment, which I find very interesting because I think [the] grounds for that would be very difficult to make, just on the basis that Trump has the ability to appoint whoever he wants,” Deese said on The Scott Jennings Radio Show.
“Obviously, Senate confirmations matter, but as far as people do get placed in spots in interim positions, it’s completely fine for her to be in her position.”
Deese also said Comey’s lawyers would make a case for “selective and vindictive prosecution,” but that this would be a “weak” argument. He explained there’s been “vocal sparring” between Comey and President Donald Trump, but this doesn’t mean these feuds can result in a case getting dismissed.
Deese added there’s a “random chance” a judge could decide to dismiss the case, but “we never saw that” for Trump with his indictments on the campaign trail. Such a dismissal would be “shocking” for a “very viable case.”
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Halligan is a former real estate and personal attorney for Trump, and only recently got appointed to her position after Trump fired her predecessor, Erik Siebert. She did not speak during the nearly hourlong arraignment hearing, instead delegating the process to two prosecutors, Nathaniel Lemons and Gabriel J. Diaz.
U.S. District Judge Michael Nachmanoff asked Comey if he understood the charges against him, to which he responded, “I do, your honor. Thank you very much.”
, 2025-10-08 20:42:00, 
, Washington Examiner, %%https://www.washingtonexaminer.com/wp-content/uploads/2023/11/cropped-favicon.png?w=32, https://www.washingtonexaminer.com/feed/, Asher Notheis
