Comey asks court to reject Trump's handpicked prosecutor
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Former FBI Director James Comey on Friday, Dec. 7, 2018. Photo: Al Drago/Bloomberg via Getty Images.
Former FBI Director James Comey is challenging the legality of President Trump's appointment of his personal attorney, Lindsey Halligan, as a U.S. attorney.
Why it matters: Comey's move tests if Trump's political retribution campaign, carried out by appointing loyalist prosecutors, will hold up in a court of law.
What they're saying: "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," his attorneys wrote.
- Comey's filing warns the court to prepare for an "out-of-district judge" to hear his motion.
- Comey's legal team declined Axios' request for comment. The U.S. Attorney's Office for the Eastern District of Virginia did not respond to Axios.
Context: Comey pleaded not guilty last week to charges that he lied to Congress during his 2020 testimony.
- Trump fired Comey in 2017 after clashing over the FBI's investigation into potential ties between the president's campaign and Russia.
Catch up quick: Trump appointed Halligan last month after former U.S. Attorney Erik Siebert resigned under pressure from the president to indict Comey and New York Attorney General Letitia James.
- Halligan, Trump's personal attorney, has no prosecutorial experience.
- Since taking office, Halligan has indicted both James and Comey despite other attorneys reportedly failing to find enough evidence.
The other side: A spokesperson for the White House told Axios that President Trump has "full confidence" in Halligan.
- "This is a frivolous and desperate attempt by Comey to distract from the facts of his case that even a grand jury recognized," the spokesperson said in an emailed statement.
Between the lines: Comey cites other lawsuits that assert Trump's appointments lack legal authority, which would invalidate the actions they've taken while in office.
- A federal judge ruled in August that acting U.S. Attorney for New Jersey Alina Habba had been acting without legal authority for roughly two months.
- Habba, another of Trump's personal attorneys, wasn't confirmed by the Senate, much like Trump's initial pick for U.S. attorney for the District of Columbia, Ed Martin. Both nominations were withdrawn.
What we're watching: Comey will file the motion on Oct. 20.
Go deeper: "The first domino": Comey indictment sets MAGA retribution in motion
Editor's note: This story was updated to add the White House's comment.
