New York Attorney General Letitia James is pushing back hard after being hit with criminal charges earlier this month. Her legal team filed notice on Thursday saying they plan to ask the court to dismiss her indictment, arguing that President Donald Trump’s personally chosen prosecutor, Lindsey Halligan, was unlawfully appointed.
“Please take notice that on October 24, 2025, Letitia James, by counsel, will file her motion to dismiss the indictment that challenges the unlawful appointment of the United States Attorney for the Eastern District of Virginia, Lindsey Halligan,” her attorneys wrote in a court filing.
The filing also referenced another high-profile defendant — former FBI Director James Comey — who was recently indicted and is making a similar argument. The brief notes that both motions “should likely be consolidated.”
James was indicted on October 9 on two felony counts: bank fraud and making false statements to a financial institution. She’s expected to appear in court in Norfolk, Virginia, on Friday morning, where Halligan herself is also expected to attend, according to a source familiar with the case.
A hearing for Comey’s motion to dismiss is scheduled for November 13. In a separate filing on Thursday, James’s legal team also asked the judge overseeing her criminal case to stop federal prosecutors from discussing it with the media, saying the leaks have already damaged her right to a fair trial.
The controversy centers on Halligan, who reportedly shared private details about the case just days after securing James’s indictment. According to a report by journalist Anna Bower, Halligan communicated with her over the encrypted messaging app Signal, offering her personal thoughts on “the credibility and general strength of the evidence presented to the grand jury”, reported ABC News.
James’s attorneys didn’t hold back in their response. They called Halligan’s actions “a stunning disclosure of internal government information” and said her statements violated multiple laws and ethical rules.
“These extrajudicial statements and prejudicial disclosures by any prosecutor, let alone one purporting to be the U.S. Attorney, run afoul of and violate the Federal Rules of Criminal Procedure, the Code of Federal Regulations, this Court’s Local Rules, various rules of ethical and professional responsibility, and DOJ’s Justice Manual,” they wrote in their motion.
James’s legal team is asking for a court order that would stop Halligan and other government lawyers from leaking any more details or making public comments about the case. The proposed order would also require prosecutors to keep a record of every interaction they have with reporters or media outlets.
Her lawyers made it clear they believe Halligan crossed a serious line. “As the prosecutor who is ‘handling the case’ against Attorney General James and purporting to be the U.S. Attorney, Ms. Halligan is supposed to be the standard-bearer of the professional responsibility rules rather than the District’s violator-in-chief,” they wrote.
The fight is shaping up to be an explosive courtroom showdown — with one of Trump’s most outspoken critics now taking on one of his handpicked prosecutors in a case that could have massive political fallout.