James Comey Motioning to Dismiss Case Over ‘Unlawful Appointment’ of Trump Enforcer Lindsey Halligan

AP Photo/J. Scott Applewhite, File

Former FBI Director James Comey is pushing to dismiss the federal case against him by “challenging the lawfulness” of recently-appointed U.S. Attorney Lindsey Halligan, the former personal attorney for President Donald Trump who secured the indictment against the president’s rival.

Comey on Tuesday filed a notion of intent, indicating his legal team will be filing a motion to dismiss the case later this week. The brief filing was made in U.S. District Court for the Eastern District of Virginia; Politico senior legal affairs reporter Kyle Cheney spotted the filing and shared it on X.

“Please take notice that on October 20, 2025, James Comey, by counsel, will file his motion to dismiss challenging the lawfulness of the appointment of the United States Attorney for the Eastern District of Virginia,” the document said.

The filing comes a week after Comey pleaded not guilty to the two counts against him  — making a false statement to Congress and obstruction of a congressional proceeding.

President Trump fired Comey from his post at the FBI in May 2017.

Comey was indicted on Sept. 25 — less than a week after the president urged Attorney General Pam Bondi to take “action” against Comey and other political enemies, including Sen. Adam Schiff (D-CA) and New York AG Letitia James. 

President Trump celebrated the indictment on Truth Social and blasted Comey as “One of the worst human beings” in U.S. history.

“He has been so bad for our Country, for so long, and is now at the beginning of being held responsible for his crimes against our Nation,” the president said on Sept. 25.

If Comey’s motion to dismiss the case is not granted, his trial is set to start in January 2026.

You can read Comey’s filing by clicking here.