Attorney Lindsey Halligan on Fox News on August 16, 2022

A federal judge in Virginia on Thursday heard arguments in a bid from former FBI Director James Comey and New York Attorney General Letitia James to disqualify President Donald Trump-appointed prosecutor Lindsey Halligan. And, according to a CNN report, the judge's questioning of the Department of Justice at times elicited gasps from courthouse observers.

Attorneys for Comey and James argue Halligan was hand-picked by Trump to prosecute his perceived political enemies. They allege she is serving as interim U.S. attorney for the Eastern District of Virginia unlawfully.

CNN's crime and justice correspondent Katelyn Polantz described how Judge Cameron McGowan Currie, "a laid back questioner, a very concise questioner," led "a grilling of the Justice Department if I have ever seen one before from a judge like this."

Polantz detailed the judge's last question to the Justice Department, noting Currie asked: "Do you believe the U.S. v. Trump was wrongly decided?"

Polantz said that question was telling.

The federal case in Washington D.C., related to efforts to overturn the 2020 election results, was dismissed in November 2024 by Judge Tanya Chutkan at the request of special counsel Jack Smith.

Polantz explained Trump "won his case by having the prosecutor, Jack Smith, tossed off of it in Florida in a set of arguments very similar to this."

"And Judge Curry is now asking the Justice Department, 'Are you guys against that now?' as the Justice Department is wanting these cases against James Comey and Letitia James to go forward," the reporter said.

"The Justice Department lawyer responded, 'that's a different thing. That was a different situation. That doesn't apply here,' Polantz reported. "But that was quite a question that elicited gasps across the courtroom from a lot of people that were listening to this hearing."