Attorneys for New York Attorney General Letitia James took aim at the Trump-appointed prosecutor overseeing her bank fraud case Thursday, accusing interim U.S. attorney Lindsey Halligan of an improper conversation with a journalist and vowing to seek dismissal of the indictment on the grounds that Halligan was unlawfully named to the job.
The pair of legal filings came the evening before James is set to be arraigned Friday in federal court in Norfolk, Virginia, on charges of bank fraud and making false statements to a financial institution. Prosecutors allege that James bought a house in Virginia and agreed to use it as a second home, but ultimately rented it out and used it as an investment property.
James has denied all wrongdoing and accused the Justice Department of political retribution, after James sued President Trump in civil court and secured a nine-figure fraud judgment. The fine was later erased entirely by an appeals court.
James to challenge Halligan’s appointment
In a two-page legal filing, James’s lawyers alerted the court that they will file a motion Friday “to dismiss the indictment that challenges the unlawful appointment of the United States Attorney for the Eastern District of Virginia, Lindsey Halligan.”
The filing did not lay out the argument her lawyers plan to offer.
Lawyers for former FBI Director James Comey also challenged Halligan’s appointment earlier this week, arguing the charges against him for allegedly lying to Congress should be tossed out on the grounds that she was “defectively appointed to her office.”
Halligan was appointed after the previous interim U.S. attorney, Erik Siebert, resigned after almost eight months on the job. The role is usually subject to a 120-day limit, but in Siebert’s case, the judges in the Eastern District of Virginia voted to extend his term after the 120-day period elapsed. Comey’s lawyers argue the 120-day clock began when Siebert started in January, making Halligan’s appointment invalid.
Several other temporary U.S. attorneys have faced similar challenges to their eligibility in recent months, including the top federal prosecutors in New Jersey and Nevada.
James alleges Halligan broke Justice Department rules by speaking with reporter
James also asked a judge Thursday to prohibit the Justice Department from disclosing case materials and investigative information to the media, in a court filing that criticized Halligan for texting a journalist last weekend to criticize coverage of the case.
Anna Bower, a senior editor at Lawfare, wrote earlier this week that Halligan sent her unsolicited messages on the encrypted app Signal that criticized her for sharing a New York Times article about the James case on social media. Bower says Halligan accused her of “jumping to conclusions” and sharing “biased” information that was “way off.”
“You’re biased. Your reporting isn’t accurate. I’m the one handling the case and I’m telling you that,” one message from Halligan read, according to Bower.
In Thursday’s filing, James’s lawyers called Halligan’s messages to Bower “unusual and improper,” and “a stunning disclosure of internal government information.”
They argued the conversation violated court rules and internal Justice Department policies that bar the sharing of grand jury information and restrict prosecutors’ out-of-court statements. By casting doubt on the accuracy of the Times article, James’ lawyers said, Halligan was “commenting on the evidence in the case and that which she likely learned as a result of grand jury testimony.”
This disclosure could undermine James’s right to a fair trial, her lawyers claimed.
“It has been reported that Ms. Halligan has no prosecutorial experience whatsoever,” the filing read. “But all federal prosecutors are required to know and follow the rules governing their conduct from their first day on the job, and so any lack of experience cannot excuse their violation.”
CBS News has reached out to the Justice Department for comment.
The Justice Department has faced similar pressure in other cases.
Last month, attorneys for accused UnitedHealthcare CEO shooter Luigi Mangione asked a judge to bar federal prosecutors from seeking the death penalty, accusing federal and New York authorities of violating his rights. They pointed to statements by Attorney General Pam Bondi calling the killing a “premeditated, cold-blooded assassination,” and criticized a late 2024 perp walk staged by federal and local authorities that looked like a “scene out of a Marvel movie.”
