Former FBI Director James Comey is challenging the legitimacy of President Donald Trump’s appointment of Lindsey Halligan, his personal attorney, as U.S. Attorney for the Eastern District of Virginia.
Comey’s legal move scrutinizes the foundation of Trump’s strategy to install loyal prosecutors, raising questions about the boundaries of presidential authority and potential political retaliation, according to Axios.
“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,” Comey’s attorneys stated.
The motion further warns the court that an “out-of-district judge” should be prepared to preside over the case.
Comey pleaded not guilty last week to perjury charges related to his 2020 congressional testimony.
Background and Recent Developments
Comey was dismissed by Trump in 2017 after a dispute over the FBI’s investigation into possible links between Trump’s campaign and Russia. The president appointed Halligan last month, following the resignation of former U.S. Attorney Erik Siebert.
Since taking office, Halligan has issued indictments against both Comey and former FBI Deputy Director Andrew McCabe. A White House spokesperson 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 email statement.
The Judge at the Center of Attention
The case is being overseen by U.S. District Judge Michael Nachmanoff, a Biden appointee and a fourth-degree black belt in Shotokan Fudokan karate, a discipline emphasizing focus and restraint under pressure.
Legal observers expect this to be one of the most closely watched trials of Trump’s second term, placing Judge Nachmanoff under immense public and political scrutiny.
Colleagues and attorneys who have appeared before Nachmanoff describe him as measured, impartial, and even-tempered, traits they say will be critical in managing such a politically charged case, CNN reported.
Nachmanoff, who sits on the federal bench in Alexandria, Virginia, presided over Comey’s arraignment on Wednesday morning.
The indictment, issued last month, accuses Comey of making false statements and obstructing a congressional proceeding, both connected to his 2020 testimony before Congress.
A Reputation for Fairness
Before his appointment to the district court, Judge Nachmanoff served as a magistrate judge in the same courthouse. Over the years, he has earned a reputation for fairness and legal precision among Virginia’s legal community.
Attorneys familiar with his courtroom style say Nachmanoff maintains strict neutrality and keeps politics out of his rulings.
“I would call him an apolitical judge,” said Kevin Carroll, a Virginia attorney who previously appeared before Nachmanoff in a case involving a CIA physician. “The judge hasn’t brought politics into it at all—it’s been straight legal discussion.”
White-collar defense lawyer Robert Jenkins added that Nachmanoff is deeply committed to ensuring justice, regardless of political context.
“When I learned the case was assigned to him, I felt confident that if this prosecution is politically motivated, he’ll handle it appropriately,” Jenkins said. “If there’s real merit to the charges, he’ll ensure justice is served either way.”
Bipartisan Support and Outlook
Judge Nachmanoff was one of President Biden’s early judicial appointments, confirmed to a lifetime post in 2021 with bipartisan Senate support, including three Republican votes.
As Comey’s case moves forward, legal analysts anticipate intense national attention on both the legitimacy of Halligan’s appointment and the fairness of the proceedings.
The outcome could have far-reaching implications for the balance between executive power and judicial independence—and for the legacy of one of the most controversial figures in modern American law enforcement.