The New York attorney general, Letitia James, on Thursday revealed that her legal team plans to ask a federal judge to dismiss the criminal charges against her on the grounds that the US attorney in eastern Virginia who obtained the indictment was unlawfully appointed, according to a court filing.
James’s legal team made the move the day before James is scheduled to be arraigned in the US district court in Norfolk, Virginia, where she is expected to plead not guilty to one count of bank fraud and one count of making false statements to a financial institution.
Lindsey Halligan was appointed by Donald Trump last month as US attorney for Virginia’s eastern district, after her predecessor was forced out of his job after he expressed concerns with the strength of the evidence against both James and the former FBI director James Comey.
Comey has also since been indicted in the same district on charges of obstructing Congress and making a false statement.
Trump has promised to seek retribution against people he alleges used the justice system against him in an effort to prevent him from returning to power, including Comey and James.