Former FBI Director James Comey has filed a legal challenge that analysts say could significantly weaken the criminal case against him.
Comey was recently indicted by a grand jury on two counts of lying to Congress and obstruction of justice. The charges were brought after former President Donald Trump appointed his former defence counsel, Lindsey Halligan, to lead the U.S. Attorney’s Office for the Eastern District of Virginia.
The indictment followed Trump’s post on Truth Social urging Attorney General Pam Bondi to move faster in pursuing cases against several of his political opponents, including Comey, New York Attorney General Letitia James, and Senator Adam Schiff of California.
On Tuesday, Comey’s legal team filed a formal notice with the court contesting Halligan’s appointment. The case was discussed by Adam Klasfeld, editor-in-chief of All Rise News, on the Brian Tyler Cohen podcast.
“This is a very strong motion to bring, and there is widespread agreement across the political spectrum,” Klasfeld said.
The motion cited the recent appointment of Alina Habba to head the U.S. Attorney’s Office in New Jersey. Habba was appointed by Trump on an interim basis, allowing her to serve for only 120 days each year. When her term expired, a court declined to renew her position.
According to Klasfeld, the same legal issue could prove pivotal in Comey’s case. “That’s why this particular fight is so important and why it could unravel James Comey’s case before they even get to issues like vindictive prosecution or a trial on the merits,” he said.
Klasfeld added that even if the case were to proceed, Comey’s legal arguments against the prosecution appear to be strong.