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Lawyers for Comey, Letitia James to argue in court that their cases should be dismissed
Alexandria, Va. — Attorneys for former FBI Director James Comey and New York Attorney General Letitia James will be arguing in court Thursday that the federal indictments against their clients should be dismissed because Lindsey Halligan’s appointment as interim U.S. attorney in Virginia is unlawful.
The court decided to consolidate the arguments for dismissal soon after James’ arraignment. Both Comey and James have stated that Halligan’s appointment as interim U.S. attorney was invalid and unconstitutional.
She was named to the post days after Erik Siebert resigned as acting U.S. attorney for the Eastern District of Virginia amid pressure from President Trump to bring prosecutions against his political foes. Just before Siebert’s resignation, sources had told CBS News that prosecutors from the district were concerned he could be removed for not prosecuting James.
Halligan, a former Trump defense lawyer who later joined him in his second administration, was tapped as interim U.S. attorney in September after serving as a senior aide to Mr. Trump in the White House. Halligan, who was previously an insurance lawyer, took the helm of the U.S. Attorney’s Office in Alexandria with no prosecutorial experience. Mr. Trump nominated her for U.S. attorney in late September.
Comey was indicted in September on one count of making false statements to Congress and one count of obstruction of justice, related to Senate testimony he gave five years ago. Comey pleaded not guilty to both counts.
James was indicted last month on one count of bank fraud and one count of making false statements to a financial institution and pleaded not guilty. The Justice Department alleges James bought a house in Norfolk, Virginia, in 2020 with a mortgage that required her to use it as a second home, but instead ultimately rented it to a family and used it as an investment property. The department accuses James of misrepresenting how the house would be used, so she could obtain a lower interest rate.
Sources told CBS News that Halligan presented evidence to the Comey and James grand juries alone, rather than with the line prosecutors who had worked on the cases. She was also the only attorney in the U.S. Attorney’s Office for the Eastern District of Virginia to sign the indictments. After Halligan became that district’s interim U.S. attorney, several prosecutors left the office or were fired.
Since the indictments, lawyers from U.S. Attorneys’ Offices in North Carolina and Missouri have joined Halligan in working on the cases involving Comey and James, respectively.
Attorney General Pam Bondi has used a federal law governing U.S. attorney vacancies to appoint Halligan and several others around the country as the top federal prosecutors in their respective offices. The law limits the term for an interim U.S. attorney to 120 days, after which the district court in that area can either extend that official’s term or appoint a new U.S. attorney to serve until the vacancy is filled.
In the case of the Eastern District of Virginia, Bondi tapped Siebert as interim U.S. attorney in January and, ahead of the 120-day deadline in May, judges of that region voted to keep Siebert in the post. Siebert had also been nominated for the permanent position.
He left the position in September, and though Siebert said he resigned, Mr. Trump wrote on social media, in a Sept. 20 post directed at Bondi, that he had ousted Siebert and praised Halligan as a “really good lawyer.” Halligan was sworn in as interim U.S. attorney days later.
Halligan and the 120-day term for interim U.S. attorneys
At the heart of the argument is the 120-day term for interim U.S. attorneys appointed by the attorney general. Comey’s lawyers said the clock for a temporary U.S. attorney in Virginia has already wound down, and they assert that the law sets a total 120-day time limit that is tied to the attorney general’s initial appointment of an interim U.S. attorney — which would be Bondi’s selection of Siebert in January.
“The period does not start anew once the 120-day period expires or if a substitute interim U.S. Attorney is appointed before the 120-day period expires,” they wrote.
Allowing the attorney general to make back-to-back sequential appointments would effectively allow the president to circumvent Senate confirmation and the district court’s role, Comey’s lawyers wrote in court papers.
Halligan “was defectively appointed to her office as an interim U.S. Attorney,” they said. Arguing that “no properly appointed” official from the executive branch had obtained the indictment against Comey, his lawyers said “the indictment is equally a nullity” and should be dismissed.
James’ attorney, Abbe Lowell, is seeking a court order that would block Halligan from supervising the prosecution of James’ case and from exercising any other duties as interim U.S. attorney.
Halligan, he wrote, “had no authority to litigate this case on behalf of the United States.”
“[B]ecause this indictment would not have been sought or obtained absent Ms. Halligan’s unlawful appointment … the indictment’s flaws cannot be brushed aside as harmless error,” Lowell wrote. “This Court must reject the Executive Branch’s brazen attempt to sidestep the constitutional and statutory limitations on the appointment of U.S. Attorneys.”
The Justice Department’s arguments
The Justice Department responded to the motions from Comey and James by arguing that Mr. Trump and Bondi have the authority to appoint an interim U.S. attorney after a previous interim pick has already served the 120-day maximum.
The department said that even if the judge overseeing the challenges sides with Comey and James, Bondi has retroactively appointed Halligan as special attorney in the Eastern District of Virginia, which would allow her to conduct criminal and civil proceedings in the district.
The Justice Department submitted to the court an order from Bondi, dated Oct. 31, in which she says she is ratifying Halligan’s actions before the grand juries and her signature on indictments returned by the grand jury in both cases, and appoints her special attorney for the Justice Department as of Sept. 22.
“Even were Ms. Halligan’s appointment invalid, the motions to dismiss should be denied,” Justice Department attorneys wrote. “While Defendants challenge Ms. Halligan’s appointment as interim U.S. Attorney, the actions they challenge do not hinge on her validly holding that particular office.” The Justice Department also argued that “any government attorney can present a case to a grand jury or sign an indictment.”
“At minimum, any dismissal should be without prejudice to permit the government to seek new indictments now that the Attorney General has cured any arguable flaw in Ms. Halligan’s authority to prosecute,” the Justice Department continued.
They also argued that each appointment to interim U.S. attorney triggers its own 120-day term.
How courts have ruled so far on legality of other temporary U.S. attorney appointments in Trump’s second term
But the Trump administration has run into issues in other courts that have considered the legality of temporary U.S. attorney appointments during Mr. Trump’s second term. In cases involving Alina Habba, the top federal prosecutor in New Jersey, and Sigal Chattah, Nevada’s acting U.S. attorney, two judges each ruled they are serving unlawfully. A federal judge in California also issued a similar ruling for the acting U.S. attorney in the Central District of California, Bill Essayli.
In the challenge to Habba’s appointment, U.S. District Judge Matthew Brann wrote that under federal law, the attorney general can make appointments of different people to serve as interim U.S. attorneys, “but for an aggregate term of 120 days.”
The Justice Department has appealed the decisions involving Habba and Chattah.
Federal judge from South Carolina to preside over Thursday’s arguments
U.S. District Judge Cameron Currie from South Carolina will preside over Thursday’s arguments. She was brought into the case because all of the federal judges in the Eastern District of Virginia have a conflict of interest in hearing the arguments because of Halligan’s role as head of the prosecutor’s office in the district.
Currie was appointed to the federal bench by President Bill Clinton in 1994.
Earlier this month, Currie said in an order that a transcript she requested from prosecutors from Halligan’s presentation to the grand jury that voted to indict Comey was incomplete, and “fails to include remarks made by the indictment signer both before and after the testimony of the sole witness, which remarks were referenced by the indictment signer during the witness’s testimony.”
After the grand jury indictment was returned, a federal magistrate judge expressed confusion and surprise after she received two versions of the indictment.
A majority of the grand jury that reviewed the Comey matter voted not to charge him with one of the three counts presented by prosecutors, according to a form that was signed by the grand jury’s foreperson and filed in court. He was indicted on two other counts — making false statements to Congress and obstructing a congressional proceeding — after 14 of 23 jurors voted in favor of them, the foreperson told the judge.
But two versions of the indictment were published on the case docket: one with the dropped third count, and one without. The transcript reveals why this occurred.
“So this has never happened before. I’ve been handed two documents that are in the Mr. Comey case that are inconsistent with one another,” the magistrate judge said to Halligan. “There seems to be a discrepancy. They’re both signed by the (grand jury) foreperson.”
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Video appears to show U.S. cruise missile striking Iranian school compound
Screenshots of a cruise missile hitting a compound where an Iranian girl’s school was struck killing around 175.
Screenshots by Geoff Brumfiel for NPR/ Mehr News on X
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Screenshots by Geoff Brumfiel for NPR/ Mehr News on X
A new video released by Iranian state media shows what appears to be a U.S. cruise missile striking a compound where around 175 Iranian students and staff were killed at a girl’s school a little over a week ago.

The seven-second video was posted by Mehr News, an Iranian state news agency. It shows the missile slamming into a building inside a walled compound – likely a health clinic that was also inside the perimeter of what was at one point an Iranian Revolutionary Guard naval base.
The strike appears to have taken place shortly after the girl’s school was hit. In the new video, smoke is already visibly rising from the part of the compound where the school was located. State media reports put the death toll from the bombing at somewhere between 165 and 180, many of them students.
Although the quality of the video makes precisely identifying the munition difficult, the missile appears consistent with a Tomahawk cruise missile, according to Jeffrey Lewis, a professor of global security at Middlebury College. The U.S. is the only country known to have Tomahawk missiles, and U.S. officials say the military was operating in the south of the country at the time of the strike.
“The first shooters at sea were Tomahawks unleashed by the United States Navy,” Gen. Dan Caine, the chairman of the Joint Chiefs of Staff said in a press conference on the Monday after the strike.
Speaking aboard Air Force One on Saturday, President Trump accused Iran of being responsible for the school bombing.
“Based on what I’ve seen, I think it was done by Iran,” Trump said. “Because they’re very, inaccurate as you know, with their munitions. They have no accuracy whatsoever. It was done by Iran.”
Lewis, however, said that the missile in the video did not appear to be consistent with known, Iranian-made cruise missile designs.
NPR was able to verify the location of where the video was shot to a housing development under construction across the street from the compound. Numerous details, including the sign at the clinic entrance, matched known details about the compound where the school was located. The video was first geolocated by the online research group Bellingcat.
The short video appeared to be authentic. While AI-generated videos have been posted online during the latest conflict with Iran, they typically do not contain details of a specific location, unless it is already well known, like a major landmark. Many also contain errors in physics or other inaccuracies when showing a missile or rocket attack.
The Pentagon did not immediately respond to NPR’s request for a comment about the video.
NPR was the first to report on satellite imagery from the company Planet that suggested multiple buildings, including the clinic, were hit in what appeared to be a precision strike that resulted in the deaths at the school. In total, seven buildings were hit in the strike on the complex, which at one point had been an Iranian Revolutionary Guard (IRGC) naval base.
The base, located in the southeastern city of Minab, appeared to be a relatively minor facility. NPR was able to find one video shot at the base during a 2010 military exercise that showed members of the Iranian Revolutionary Guard flying an Ababil-3 drone from an airfield directly across from the compound.
But historic satellite imagery showed little activity at the airfield in the years following that demonstration. NBC News has reported that local officials say the base was abandoned for over a decade, but NPR has not been able to independently verify those claims.

The school was separated from the compound by a wall between 2013 and 2016, according to satellite imagery. Satellite imagery also shows the airstrip was removed in 2024. Online posts from a local construction firm and verified by NPR show the land where the runway once stood was being turned into a housing development. The clinic was walled off between 2023 and 2024, and opened in 2025, according to a local press report from Fars News Agency-Hormozgan, reviewed by NPR.
The opening indicated that the site still had ties to the Iranian Revolutionary Guard. According to the reports, the clinic was opened by IRGC chief Hossein Salami, who was killed in an Israeli strike later that year. A photo appeared to show Salami cutting a ribbon at the clinic.
Lewis said that it’s possible the school and clinic were struck as a result of outdated targeting information.
Speaking beside Trump on Saturday, Defense Secretary Pete Hegseth said the U.S. was continuing to look into what happened at the school. “We’re certainly investigating,” he said. “But the only side that targets civilians is Iran.”
NPR’s RAD team contributed to this report.
Contact Geoff Brumfiel on Signal at gbrumfiel.13
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Iran’s new supreme leader has been selected, says deciding body
The body in charge of selecting a new supreme leader for Iran says it has reached a decision – although the name was not immediately announced.
Israel has warned it would target any figure chosen to replace Ali Khamenei, who was killed in joint US-Israeli strikes on the first day of the war with Iran.
“The most suitable candidate, approved by the majority of the Assembly of Experts, has been determined,” Mohsen Heydari, a member of the selection body, said on Sunday, according to Iran’s ISNA news agency.
Another member, Mohammad Mehdi Mirbagheri, confirmed in a video carried by Iran’s Fars news agency that “a firm opinion reflecting the majority view has been reached”.
Ayatollah Mohsen Heidari Alekasir suggested the figure chosen to succeed the supreme leader would most probably be someone opposed by Washington.
He said the “Great Satan” – Iran’s term for the US – had inadvertently done the assembly “a kind of service” by publicly criticising certain candidates. His remarks appeared to refer to comments by Donald Trump, who said it would be unacceptable for clerics to select Khamenei’s son Mojtaba as successor.
“Someone opposed by the enemy is more likely to benefit Iran and Islam,” Heidari Alekasir said.
The Israeli military warned it would continue pursuing every successor of Iran’s late supreme leader. In a post on X in Farsi, the Israeli military also said it would pursue every person who sought to appoint a successor for Khamenei.
In recent days, Mojtaba Khamenei, 56, emerged as an early frontrunner. His appointment is far from certain as critics would view the move as entrenching a regime accused by rights groups of killing at least 7,000 people in recent months. In addition, a father-to-son succession is also frowned upon within Iran’s Shia clerical establishment, particularly in a republic born from the overthrow of a monarchy in 1979.
Under Iran’s constitution, the 88-member Assembly of Experts is responsible for selecting the country’s supreme leader. Khamenei, who ruled Iran for 37 years, was killed in a US-Israeli strike on Tehran on 28 February.
The clerical meeting to appoint a new leader happened as fighting between Israel and Iran intensified over the weekend. Iranian strikes have hit energy infrastructure across the Gulf and Israeli attacks have targeted oil storage and fuel facilities inside Iran.
A fresh wave of Iranian strikes hit the Gulf on Sunday, with Saudi Arabia, the United Arab Emirates, Qatar, Bahrain and Kuwait all reporting attacks. Saudi Arabia said it intercepted 15 drones, while strikes in Bahrain caused “material damage” to an important desalination plant.
According to reporting by the Washington Post, Fox News, and other US media organisations, Russia has been providing Iran with intelligence that could help it target US military assets in the region. The Guardian is unable to confirm this.
The recent attacks on Gulf states appear to highlight a clash within Iran’s leadership, contradicting remarks made on Saturday by the president, Masoud Pezeshkian, who apologised to countries on the Arabian peninsula and suggested strikes against them would end, provided their airspace and US bases were not used against Iran.
According to analysts, Pezeshkian’s pledge not to strike Gulf states exposed rare public rifts within the ruling elite with Iran’s leadership showing signs of strain, as officials of the regime scrambled to explain and reinterpret the president’s words, which appeared to anger the country’s more conservative factions.
Nonetheless, the Iranian military continued striking the neighbouring countries.
Overnight, US and Israeli strikes hit five oil facilities around Tehran, an Iranian official said, adding that the sites were damaged but the resulting fires were brought under control. Explosions in the capital’s nearby city of Karaj reverberated across the region, and left the area under smoke. Fuel depots on the outskirts of Tehran were set ablaze early on Sunday as US and Israeli forces widened their campaign against Iranian infrastructure.
The news agency Axios reported that the US and Israel had discussed sending special forces into Iran to secure its stockpile of highly enriched uranium at a later stage of the war, according to four sources with knowledge of the discussions.
Throughout the day, Iran launched intermittent barrages of ballistic missiles towards Tel Aviv and central Israel. At least one person was seriously injured after a residential building was hit, according to Magen David Adom, the country’s ambulance service. Most of the missiles were intercepted by Israeli air defences and caused no casualties.
Meanwhile, Israel’s war on multiple fronts continued, with the Israel Defense Forces launching intense strikes on Lebanon, where the Iran-backed armed group Hezbollah is based.
Israel’s assault on Lebanon left four people dead in a hotel blast in Beirut and killed a further 12 in strikes on southern areas of the country. Israel said it was targeting “key commanders” in the Iranian military’s Quds Force.
Lebanon’s health ministry said at least 339 people had been killed in the conflict. The Norwegian Refugee Council said about 300,000 people had fled their homes.
AFP contributed to this report
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