Letitia James Trial & Controversy Over Lindsey Halligan Appointment

Letitia James is currently on trial for bank fraud, and a central legal battle concerns the disqualification of the federal prosecutor, Lindsey Halligan. James, along with former FBI Director James Comey (referred to collectively as “the two Jameses”), is challenging Halligan’s appointment, arguing she was improperly appointed.

Key Points from the Recent Hearing

Judge Cameron McGowan Curry presided over the hearing. She asked pointed questions to the Justice Department about Halligan’s authority to prosecute.

The Justice Department, represented by Pam Bondi, claimed she had reviewed all grand jury transcripts. However, the judge highlighted that two hours of testimony were missing, making it impossible to fully review the case.

This raised questions about DOJ’s credibility and diligence, painting a picture of sloppiness in handling the case.

Connection to Trump’s Jack Smith Case

Judge Curry asked, “Do you believe USV Trump was wrongly decided?”

This references a past case where Trump’s defense team successfully disqualified Special Counsel Jack Smith for being improperly appointed under the Appointments Clause.

The question implies a parallel between Jack Smith’s disqualification and the argument being made against Halligan.

Appointment Issues

Federal judges have emphasized three ways a U.S. attorney can be appointed:

    Senate confirmation

    Federal Vacancies Reform Act (temporary appointment under strict conditions)

    Interim appointment for 120 days

Halligan does not meet any of these qualifications, which strengthens James’ argument that her appointment is illegal.

Implications

If Halligan is disqualified, it could derail the prosecution, particularly for the Comey case.

However, the Letitia James case might still proceed depending on the judge’s ruling, which is expected by Thanksgiving.

A federal subpoena has been issued to the New York State Commission on Ethics and Lobbying in Government to produce documents and testify on January 26, 2026, potentially deepening the investigation into James.

Current Outlook

The missing grand jury transcripts damage DOJ credibility but may not automatically disqualify Halligan in the Letitia James case.

The appointment issue is legally strong, but the outcome is uncertain, with the judge potentially allowing the trial to continue.