Trump Prosecutor’s Entire Career Could Be Over After Fatal Motion

Summary

Legal AF: "Trump Prosecutor’s Entire Career Could Be Over After Fatal Motion" (Oct 15, 2025)

Overview

This episode of Legal AF delves into a high-stakes legal maneuver targeting Lindsey Halligan, the prosecutor appointed by Donald Trump to pursue perjury charges against former FBI Director James Comey. The hosts break down the procedural challenge to Halligan’s appointment, discuss its legal underpinnings, explore the potential ripple effects for other Trump-era prosecutions, and speculate on the path to the Supreme Court.

Featuring analysis from Michael Popok (national trial lawyer), the episode takes a "teachable moment" approach, guiding listeners through appointment statutes, judicial conflicts, and the real-world implications for Donald Trump’s legal strategy.

---

Key Discussion Points & Insights

The Legal Motion Challenging Lindsey Halligan’s Appointment (01:30-06:00)

• The Motion:
  • James Comey’s legal team has filed (or is imminently filing) a motion seeking to challenge Lindsey Halligan’s appointment as Interim U.S. Attorney for the Eastern District of Virginia.
  • The crux: they allege Halligan was illegally appointed because there was already an acting/interim U.S. Attorney (Eric Seibert). By statute, only one interim appointment is permitted.
• Judicial Conflict:
  • Because the judges of the Eastern District of Virginia would become responsible for appointing a new interim U.S. Attorney if Halligan is disqualified, there’s a conflict of interest.
  • As a workaround, the motion asks for a judge outside the district (but in the same appellate circuit—the 4th Circuit) to decide the issue.

“They’re going right after Lindsey Halligan… to argue to the court, ultimately… that she was illegally appointed as the interim U.S. attorney for the Eastern District of Virginia because there already was an interim.”
—Michael Popok (01:31)

How the U.S. Attorney Appointment Statute Works (04:15-07:30)

• Two Legal Pathways for Appointment:
  1. Vacancy Reform Act (produces an ‘Acting’ U.S. Attorney, as with Alina Haba).
  2. 120-Day Interim Statute: DOJ can only appoint one interim U.S. Attorney for up to 120 days while awaiting Senate confirmation of a permanent appointee.
• Timeline Recap:
  • Eric Seibert was the initial interim U.S. Attorney.
  • After Trump forced him out, Meg Cleary was briefly slotted in but quickly replaced—on Trump’s direct orders—with Lindsey Halligan, who may not have had a legal right to the post.
• Precedent & Legal Authority:
  • This “one-interim-only” rule stems from a 1986 Ronald Reagan-era memo written by Samuel Alito (now a Supreme Court Justice).

“After that, the judges of the district court pick the U.S. attorney for the duration until the president gets to put in a permanently confirmed person. That’s going to be their argument.”
—Michael Popok (05:43)

Repercussions and Strategic Implications (06:45-08:40)

• Potential Disqualification: If the court finds Halligan’s appointment illegal, not only could the prosecution against Comey be derailed, but other ongoing Trump-era prosecutions might use the same argument.
• Parallel Case (Alina Haba):
  • The same appointment challenge is underway in another case (Alina Haba), with oral arguments scheduled in the Third Circuit.
• Wider Use:
  • The hosts predict this template will be repeatedly used by defense lawyers facing Trump-appointed prosecutors.

“I think this is gonna be the template that’s gonna be used by everybody that gets indicted.”
—Michael Popok (07:38)

What Happens Next (08:25-09:30)

• Upcoming Motions:
  • Two expected filings (around October 20):
    • Motion to remove Halligan as improperly appointed
    • Motion to dismiss for prosecutorial misconduct/abuse
• Possible Supreme Court Battle:
  • The issue could reach the Supreme Court—where Samuel Alito would be forced to consider or retreat from his own historical legal opinion.
• Trump’s Struggle:
  • The broader story reflects Trump’s ongoing failure to get U.S. attorneys properly confirmed and the resultant legal chaos.

“He’s only had one or two confirmed. The rest have all been rejected, bounced, [or] fired by federal judges and [it] makes our justice system… an embarrassment.”
—Michael Popok (09:30)

---

Notable Quotes & Memorable Moments

• On the Intrigue Behind the Reappointments:

  “Donald Trump sent that now famous direct message… ‘Come on, Pam, hurry up. We’re running out of time. Indict everybody. And Lindsey Halligan really likes you. She thinks you’re nice or smarter, whatever he said in there. Like a middle school…’”
  —Michael Popok (05:00)

• Summing Up the Stakes:

  “This is going to go up to the U.S. Supreme Court about Donald Trump’s attempts… [to] get confirmed U.S. attorneys. He’s only had one or two confirmed. The rest have all been rejected, bounced, fired by federal judges and makes our justice system, of course, an embarrassment.”
  —Michael Popok (09:30)

• Procedural Trickery & Strategic Maneuvering:

  “He’s giving Judge Nachmanoff time to send it to the Fourth Circuit Court of Appeals chief judge who sits over Virginia and let that judge decide who’s going to be the ultimate judge for within the 4th Circuit, but not in Virginia. So it could be like a North Carolina federal judge…”
  —Michael Popok (03:45)

---

Timestamps for Key Segments

• 01:30–03:30 — Breaking down the challenge to Halligan’s appointment and judicial conflicts
• 03:30–05:30 — Explaining the statutory appointment process and Trump-era maneuvering
• 05:30–07:30 — Alito memo origins; precedent for one interim appointment; parallel cases
• 07:30–08:40 — Anticipating defense strategies and template nature of the motion
• 08:40–09:30 — Speculating on Supreme Court involvement and system-wide implications

---

Additional Resources and Community Involvement

• Listeners are invited to join the Legal AF substack for access to key filings, court arguments, daily roundups, and ad-free versions of the podcast:

  “Every time we mention something in a hot take… come over to the substack. You’ll find the court filing and the oral argument there, including a daily roundup that I do called—wait for it—Morning AF.”
  —(09:51)

---

Final Thoughts

This episode serves as both a timely update on the Comey prosecution and a broad legal explainer for listeners interested in procedural challenges, judicial conflicts of interest, and the far-reaching impact of appointment technicalities. The conversation is lively, expert, and breaks down complex legalese for a general audience—making it a must-catch for anyone following the intersection of law and politics in the Trump era.

Transcript

[A]

Ten years from today, Lisa Schneider will trade in her office job to become the leader of a pack of dogs as the owner of her own dog rescue. That is a second act made possible by the reskilling courses Lisa's taking now with AARP to help make sure her income lives as long as she does. And she can finally run with the big dogs and the small dogs who just think they're big dogs. That's why the younger you are, the more you need AARP. Learn more at aarp.org skills Morning, Zoe.

[B]

Got donuts.

[C]

Jeff Bridges, why are you still living above our garage?

[B]

Well, I dig the mattress and I want to be in a T Mobile commercial like you. Teach me. So Dana.

[C]

Oh no, I'm not really prepared. I couldn't possibly at T Mobile get the new iPhone 17 Pro on them. It's designed to be the most powerful iPhone yet and has the ultimate pro camera system.

[B]

Wow, impressive. Let me try. T Mobile is the best place to get iPhone 17 Pro because they've got the best.

[A]

Nice.

[C]

Jeffrey, you heard them.

[B]

T Mobile is the best place to.

[D]

Get the new iPhone 17 Pro on us with eligible traded in any condition.

[B]

So what are we having for lunch?

[C]

Dude, my work here is done.

[E]

The 24 month bill credit is on experience beyond for well qualified customers plus tax and $35 device connection charge. Credit send and balance due to payoff earlier Cancel Finance agreement. IPhone 17 Pro 256 gigs $1099.99 and new line minimum 100 plus a month plan with auto pay plus taxes and fees required. Best mobile network in the US based on analysis by Ooklove Speed Test Intelligence data 1H 2025 visit t mobile.com we.

[D]

Got some breaking news in a new filing by James Comey, the former FBI director who's been framed on perjury charges by Donald Trump and his hand picked teacher's pet of a prosecutor, Lindsey Halligan. They're going right after Lindsey Halligan to cut her legs out from under her and to argue to the court, ultimately to a court ultimately that she was illegally appointed as the interim U.S. attorney for the Eastern District of Virginia because there already was an interim U.S. attorney for the for the Virginia and and his name was Eric Seib. And you only get one, you don't get two. And the reason, the twisty part here, the procedural part here, which is very interesting, is that they've asked for another judge outside of the Eastern District of Virginia to hear the case because if they're right about what just went down and Halligan being illegally appointed, then the group of people that get to appoint the next Eastern District of Virginia prosecutor are the judges of the Eastern District of Virginia, putting them in conflict. And to avoid that conflict, you send that motion out to a another judge within the Fourth Circuit Court of Appeals but in another state. We just saw the exact same thing happen with Alina Haba. The motion to, to disqualify her as illegally appointed filed in New Jersey, assigned to the Middle District of Pennsylvania, which was also in the Third Circuit. Who does that assigning lean into this hot take. I'm Michael Popach and we'll make it a teachable moment here on Midas Touch and Legal af. Okay. He gets indicted two counts, perjury and obstruction related to some ridiculous statement he made that was true and couldn't possibly be the subject of perjury about who was responsible for a leak about Hillary Clinton in 2016 to the, to the Washington Post. Let's put that aside for a moment. Moment. The two major motions we've been waiting for, we now have notice that one is coming in on the 20th of October. That's this one to go after Lindsey Halligan. The second one, which would probably be filed on 20 October as well, but can stay in front of Judge Nachmanoff, who's the judge, the Biden appointed judge who's responsible for the case. He can keep the case about prosecutorially prosecutorial abuse and misconduct because, because he's the judge. So I think there's going to be two motions filed, one here and he's giving Nachmanoff time to send it to the Fourth Circuit Court of Appeals chief judge who sits over Virginia and let that judge decide who's going to be the ultimate judge for within the 4th Circuit, but not in Virginia. So it could be like a North Carolina federal judge who would make this decision like that. So he's giving the judge enough time. But on the other motion that's coming, the motion for prosecutorial misconduct or abuse, vindictive and selective prosecution, that can stay right where it is in front of the pending judge. So this only takes this one motion away from the, from Judge Necmanoff. That's it. The rest, the rest, you know, stay with him for the duration. Now, what's the argument? The argument is simple. There's only two ways to appoint a U.S. attorney when there's a vacancy. You either go the Vacancy Reform act method, which is a statute, which is how they got Alina Haba in there. And then she, she carries around the title of Acting U.S. attorney. And then you put her in there. And that's how they did it there. Or there's another statute that says that you have 120 days to put in one. If you're the Department of Justice, one interim, not acting interim U.S. attorney while you work on your permanent candidate to going through the Senate confirmation process, you know, the advice and consent of the Senate process. And so they haven't put up anybody for that position yet. There was a interim U.S. attorney under that statute already. His name was Eric Seibert. Eric Seibert was a conservative Republican who Bondi, Pam Bondi, and Top Blanche wanted to keep, but Donald Trump didn't, so they fired him. They then were going to put in Meg Cleary, who was a friend of Pam Bondi's. She lasted all of 24 hours until Donald Trump sent that now famous direct message. Not direct message, true social posting. Come on, Pam, hurry up. We're running out of time. Indict everybody. And Lindsey Halligan really likes you. She thinks you're nice or smarter, whatever he said in there. Like a middle school. Like a middle schooler. So after that happened, there goes Meg Cleary. She gets bumped down to number two in the office, although now she's been fired. And then you have Lindsey Halligan coming in as number one. If she's coming in under that statute, though, Eric Seibert was already number one. That means you only get one. And how do I know you only get one? Because Sam Alito, now on the United States supreme court back in 1986, wrote a memo when he was in the White House Counsel's office for Ronald Reagan, in which he described that mechanism as only being one time. It's a single use. After that, the judges of the district court pick the U.S. attorney for the duration until the president gets to put in a permanently confirmed person. That's going to be their argument. It was a similar argument to Alina Haba. It worked there with the Middle District of Pennsylvania judge. It's up on the 3rd Circuit Court of Appeals for Alina Haba. It's actually going to be heard next Wednesday in court. And now we're starting all over again with James Comey. I think it's a very, very good argument. We've seen people like Ed Whelan, who is a rock rib right, non maga Federalist Society conservative, wrote exactly that in the National Review about how Alina Haba was illegally appointed. And I think they're just gonna. And Halligan, too. And I think this is gonna be the template that's gonna be used by everybody that gets indicted. We're still waiting for the other shoe to drop on the former national security advisor and UN Ambassador James Bolton. That's coming. I think the Israel real estate land deal masquerading as a peace deal kind of got in the way of all of that, but that's what's going to happen now. So the next steps here as you leave this hot take are for James Comey. We're going to see, I think, two filings on 20 October, one for prosecutorial abuse to have the indictment dismissed, the other to get her out as illegally appointed. There's going to be a whole battle now. It'll probably make its way back to now. Sam Alito as Justice Alito, about whether district courts picking executive officers in the case of a U.S. attorney. They're in the, they're in the executive branch somehow infringes and it's not what the founders and the framers wanted. I don't think so. And it's going to Alito's going to have to do a lot of backpedaling here in order to make this, make this work. But this is going to go up to the U.S. supreme Court about Donald Trump's attempts. He's had a lot of zero success in appointing appropriately, in getting confirmed U.S. attorneys. He's only had one or two confirmed. The rest have all been rejected, bounced, fired by federal judges and makes our justice system, of course, an embarrassment. We'll continue to follow it all. You're on the Midas Touch Network. Slide over to Legal AF, Legal F YouTube, which we're trying to get to that magic $1 million, or like you said, we say $1 billion, 1 million subscriber plateau over on the YouTube channel, which we're close. We're going to hit 900,000 any minute now. And then Legal AF substack, where if you really want to help everything that's going on in the Legal AF community, you'll go over to Legal AF Substack, where I will post this motion, this notice, so that you can read it along with everything else under Filings af. So until my next report, I'm Michael Popak.

[F]

Can't get your fill of Legal af.

[D]

Me neither.

[F]

That's why we formed the Legal AF substack. Every time we mention something in a hot take, whether it's a court filing or an a oral argument, come over to the substack. You'll find the court filing in the oral argument there, including a daily roundup that I do called Wait for it Morning af.

[D]

What else?

[F]

All the other contributors from Legal AO are there as well. We got some new reporting, we got interviews, we got AD free versions of the podcast and hot takes where Legal AF on Substack. Come over now to free subscribe.