Two former officials, FBI Director James Comey and New York Attorney General Letitia James, are suing the Justice Department over whether President Donald Trump lawfully appointed a prosecutor to target his enemies. The two cases have a “fundamental defect” due to an interim US Attorney’s decision to bring a case before a grand jury alone without authority.
FBI Director James Comey is charged with making a false statement to Congress and has pleaded not guilty. New York Attorney General Letitia James is accused of bank fraud, also denying guilt. The dispute centers on the 120-day limit for interim US attorneys and whether it applies as a strict limit or guidance.
Defense lawyers argue that following this limit requires Senate confirmation or an appointment extension by district court judges. They claim the current system allows for evasive maneuvers to avoid accountability. The Justice Department disputes this, saying the limit is not meant to restrict multiple appointments within one 120-day period.
A judge presiding over the case has questioned the Justice Department’s handling of a related Trump case and whether they reviewed a missing transcript from James Comey’s trial.
Source: https://edition.cnn.com/2025/11/13/politics/takeaways-lindsey-halligan-comey-james-hearing