Former FBI director James Comey found himself in a world of legal trouble last month as he was indicted on charges of making false statements to Congress and obstruction of a congressional proceeding.

According to JustTheNews, earlier this week, Comey filed a notice with the court overseeing the case challenging "the legality of the prosecutor responsible for his alleged false statement case."

The prosecutor handling the case was appointed by President Donald Trump last month. Comey has pleaded not guilty to the charges.

The president appointed his personal attorney, Lindsey Halligan, as the U.S. Attorney for the Eastern District of Virginia, which will oversee the case.

What's going on?

Halligan's appointment came in the wake of U.S. Attorney Erik Siebert resigning over what was reported as increased pressure to indict Comey and New York Attorney General Letitia James.

The legality of the appointment of Halligan by the president is what's being challenged by Comey and his defense team.

"James Comey, by counsel, will file his motion to dismiss challenging the lawfulness of the appointment of the United States Attorney for the Eastern District of Virginia," they wrote.

Comey's attorneys requested that an out-of-state judge be appointed to oversee the request. They indicated that they will officially file the challenge in court on Oct. 20.

JUST IN: Comey confirms he will challenge the legality of Trump's appoint of Lindsey Halligan as US attorney.

He cites the cases of Trump's disqualified US attorney picks in NV and NJ. https://t.co/oUdvbf5xIp pic.twitter.com/cLOPwpSWQH

— Kyle Cheney (@kyledcheney) October 14, 2025

Many suggested that it's nothing more than a stall tactic, as defendants don't really have the ability to choose their own prosecutors.

Social media reacts

Users across social media had plenty to say about Comey's challenging of the Trump-appointed prosecutor.

"Desperate measures for a desperate man," one X user wrote.

Another X user wrote, "So he doesn't want to talk about the merits of the case, he just doesn't like which prosecutor is holding him accountable. He either committed the crime or he didn't. Accountability should be demanded by Democrats AND Republicans."

It'll be interesting to see how Comey's request is treated by the judge. Many do not believe he will be successful.