Norfolk, Virginia (CNN) — New York Attorney General Letitia James is set to go to trial in late January on felony charges of bank fraud and making false statements to a financial institution – if she doesn’t succeed at getting the case dismissed outright.
James was arraigned Friday morning at a federal courthouse in Norfolk, Virginia, where she pleaded not guilty to the pair of charges brought against her by a prosecutor who President Donald Trump put in the job after he complained that investigations into his political foes weren’t moving fast enough.
“There’s no fear today, no fear,” James said outside the courthouse as protesters chanted alongside her. “Because I believe that justice will rain down like water, and righteousness like a mighty stream.”
But it’s possible James doesn’t go to trial on January 26 at all: her attorneys previewed on Thursday and Friday their intent to try to get her case dropped in the coming months on several different grounds.
James’ lawyers told US District Judge Jamar Walker that they are challenging whether the interim US Attorney for Northern Virginia who brought James’ case, Lindsey Halligan, is lawfully serving in the position.
At Friday’s arraignment, the defense lawyers provided the written version of their arguments against Halligan’s authority, in an indication of how fast the case is moving already.
“Ms. Halligan thus lacked the power to present this case to the grand jury or sign this indictment, and she cannot continue to supervise this prosecution … This Court must reject the Executive Branch’s brazen attempt to sidestep the constitutional and statutory limitations on the appointment of U.S. Attorneys,” James’ team wrote.
The argument mirrors a similar effort underway in former FBI Director James Comey’s criminal case. Comey, who has pleaded not guilty to allegedly lying in congressional testimony, is another of Trump’s political enemies who Halligan indicted.
Halligan was tapped for the post after Trump pushed out the former interim US attorney, Erik Seibert. Comey’s team is arguing that Seibert had already served the legally allotted maximum of 120 days that someone can serve on a temporary basis before needing to be confirmed by the Senate.
In court papers submitted earlier this week, Comey’s lawyers claimed that Halligan’s appointment after those 120 days had passed means that Trump was not legally able to appoint a new interim attorney and avoid the Senate confirmation process altogether. They called the move a scheme to “circumvent” Congress’ role in the confirmation process.