Former FBI Director James Comey was hit with a federal indictment late last month over allegations that he lied when testifying to members of Congress in 2020.

However, one former Trump White House special counsel recently predicted that Comey's indictment will be tossed. 

Cobb: Halligan "will be disqualified"

According to Breitbart, that suggestion was put forward by Ty Cobb during an interview on Thursday with CNN's OutFront host Erin Burnett.

"She will be disqualified."

Former Trump White House lawyer Ty Cobb talks to CNN's Erin Burnett about a bid by James Comey and Letitia James to disqualify prosecutor Lindsey Halligan and how that will impact their cases.#OutFrontCNN pic.twitter.com/TExkSwVrD8

— Erin Burnett OutFront (@OutFrontCNN) November 14, 2025

Cobb focused on Lindsey Halligan, who was made interim U.S. Attorney for the Eastern District of Virginia by President Donald Trump in September.

"She will be disqualified," Cobb asserted. "The Comey indictment will be tossed out and may not be able to be re-brought because the statute of limitations has lapsed."

Appointment's legitimacy questioned

Cobb also opined that the mortgage fraud charges brought against New York Attorney General Letitia James will be dismissed as well.

Burnett then pointed to remarks made to U.S. District Judge Cameron Currie by attorneys for Comey and James in a joint hearing on Thursday.

"When the only person presenting to the grand jury lacks government authority, it’s a fundamental error," NBC News quoted Comey attorney Ephraim McDowell.

Abbe Lowell represents James, and he cast similar doubts on the legitimacy of Halligan's appointment and likened her to a private citizen who lacks the authority to present a case.

Judge highlights the gaps in transcripts

For her part, Currie grilled Department of Justice (DOJ) lawyer Henry Whitaker concerning gaps in Comey's grand jury transcripts. Specifically, she postulated that this could mean the court reporter was absent, meaning Halligan was alone with the grand jury.

Currie then questioned a filing in which U.S. Attorney General Pam Bondi maintained that she had reviewed and signed off on the proceedings.

"It became obvious to me that the attorney general could not have reviewed" the material, the Clinton appointee declared.

When Whitaker pointed to the attorney general's attestation that she had indeed reviewed the material, Currie disagreed, remarking, "She could not have." Whitaker replied that Bondi had "reviewed the witness testimony."