Norfolk, Va. — New York Attorney General Letitia James will move to dismiss the federal indictment against her on the grounds that President Donald Trump’s appointment of the lead prosecutor, Lindsey Halligan, was unlawful, according to a notice filed Thursday.
In a two-page filing, James’ legal team said it will submit the motion on October 24, 2025, arguing the case should be thrown out because Halligan’s designation as U.S. attorney for the Eastern District of Virginia violates federal appointment requirements. A footnote suggested the motion could be consolidated with a similar bid by former FBI Director James Comey, who is also challenging an indictment tied to Halligan’s appointment.
James was indicted October 9 on two felony counts—bank fraud and making false statements to a financial institution. She is due in federal court in Norfolk on Friday at 11 a.m. ET.
Separately on Thursday, James asked U.S. District Judge Jamar Walker to restrict prosecutors from discussing the case with the media, citing comments Halligan allegedly made to a reporter two days after securing the indictment. In that request, James’ lawyers said Halligan initiated a Signal chat with journalist Anna Bower and discussed “the credibility and general strength of the evidence presented to the grand jury,” which they characterized as an improper disclosure of internal government information.
The defense argued those communications contravene the Federal Rules of Criminal Procedure, the Code of Federal Regulations, local court rules, DOJ’s Justice Manual, and professional ethics standards. They’re seeking a court order barring “extrajudicial disclosures” by prosecutors and requiring the government to log all contacts with journalists.
“As the prosecutor who is handling the case and purporting to be the U.S. Attorney, Ms. Halligan is supposed to be the standard-bearer of the professional responsibility rules rather than the district’s violator-in-chief,” James’ filing said.
The Justice Department has not publicly responded to the motions. The challenges set up an early test of Halligan’s appointment and the government’s handling of pretrial publicity in a politically charged case.
