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Lawyers for James Comey told a federal judge in Alexandria on Tuesday that they plan to file a motion early next week to formally dismiss his criminal case, citing what they described as President Donald Trump’s unlawful appointment of former White House aide Lindsey Halligan as acting U.S. attorney for the Eastern District of Virginia shortly before Comey’s indictment.

The filing is part of a broader effort by Comey’s legal team to have the criminal case tossed. His lawyers told the judge last week they planned a separate motion alleging vindictive prosecution.

Tuesday’s filing is not a formal motion but a notice to the court signaling plans to challenge Halligan’s appointment. She was tapped for the role shortly before

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