Christmas came early as this response to both Comey's and James' motions to dismiss has been out since Nov 3. I didn't see it here, apologies if it was posted, and here goes:
https://www.courthousenews.com/wp-content/uploads/2025/11/consolodated-response-comey-james.pdf
Posting this because MSNBC just said two high-powered lawyers are on their way to argue the matter on behalf of Comey in front of a judge and that it "does not look good" for the prosecution. I would expect no less from them. Brief summary of the points and lengthy discussion of what I feel the merits are below (for the record, I don't think Comey's motion--or motions--will succeed).
Ok, this motion claims that the 120 day period that the judiciary has to appoint interim prosecutors is irrelevant. Pam Bondi, the Attorney General (who appointed prosecutor Lindsey Halligan, not Trump) has the authority to appoint whomever she wants when the position is vacant. The judiciary does not have sole authority to appoint; the authority should be considered "parallel," with the executive branch (Bondi) having equal authority.
That is the argument in the motion, not my argument.
Moreover, the response claims that the indictment is not nullified even if Halligan was improperly appointed. And Bondi signed the indictments, too (they were "cured," or made legitimate, when she did so).
Again, that's me summarizing what the document says.
Final point, because I'll expand on it below and explain why I think it's compelling (or use my own argument, based on my understanding of the law and making a prediction about how the judge will rule): even if Lindsey Halligan were improperly appointed, the indictment itself is not invalid (that's a double negative, so to clarify, the argument here is: the grand jury still handed down a valid indictment based on their deliberations and the question of whether or not Halligan had the legal authority to sign that indictment is irrelevant. Comey's argument is that it *does* matter, for the record.)
OK, this last point is really interesting. I started to read up on motions to dismiss and came across the following case...
A man was accused of pointing a gun at two people that he got into an argument with. In most jurisdictions, that is a felony (usually felony assault with a dangerous weapon). When the police arrived, they questioned the man. The sheriff and the man got into an argument. The man brought up a case where the Sheriff was accused of misconduct (I can't remember the details....but the case was widely reported in the media.)
This upset the Sheriff. He threatened to hold the man without bail when he was arrested (and to clarify, if the police think you are guilty of committing a violent felony and have enough evidence to charge you...then you are going to jail). The sheriff does not have the authority to set terms of bail, that is determined by a judge, at the arraignment, which is a hearing where the charges are read, the judge usually consults guidelines to set bail terms, and a dollar amount is given.
On the way to jail, another officer told the man that bail would likely be in the $200-$300 range. From jail, the man called his girlfriend and asked her to bring at least $300 dollars so she could bail him out.
The Sheriff then contacted the judge without the man bring present and told the judge that he felt bail should be set at $1000. This is a violation of the suspect's civil rights. He has a right to be present (with an attorney) at any meeting where this matter is discussed.
It gets worse. The judge didn't make a ruling and there was no arraingement before the girlfriend arrived at the jail. Usually the arrangement needs to happen within a "reasonable" amount of time. It varies by state, but since most courts aren't open on the weekend, it's usually 72 hours at maximum. To clarify, the arraignment was not postponed, it just hadn't happened yet.
The girlfriend shows up at the jail with $300 in cash. A deputy at the jail checks the records for the man and discovers that it says "held without bail" in the jail computer system. That was not the judge's ruling. Again, the judge hasn't made a ruling yet. That is another violation of the man's civil rights.
The man's attorney files a motion to dismiss, using the argument that the man's civil rights have been violated, which they have been without question. The police are part of the executive branch. They can make arrests and gather evidence to support the case for conviction. They cannot make arguments about how bail should be set without the man or his attorney being present, nor can they tell someone "he's being held without bail" when no such ruling exists. Those elements are determined by a judge, who belongs to the judicial branch.
The judge reviews the motion to dismiss and determines that the man's attorney is correct: his civil rights *have* been violated (not once, but twice). But...the judge also denies the motion to dismiss.
If there is a clear and convincing case that official misconduct has occurred, how can the judge let the charges stand? Well...the judge rules that the man has remedies for the misconduct. He can file a lawsuit and recover damages. But his argument that the police were biased against him and acted on that bias to infringe upon his civil rights is irrelevant to the charge. The questions, posed by the indictment, is: did the man point a weapon at someone else and, if so, what evidence is there to support the claim that it rises to the level of a crime? That's either true and there is enough evidence to support the claim that the man broke the law, or it isn't true and there isn't enough evidence to show that a crime occurred. The defendant's attorney has failed to prove that the misconduct made the charge irrelevant.
That's the government's key argument in a nutshell.