Originally Published: 24 OCT 25 15:22 ET

Norfolk, Virginia (CNN) — New York Attorney General Letitia James is set to go to trial in late January on felony charges of bank fraud and making false statements to a financial institution – if she doesn’t succeed at getting the case dismissed outright.

James was arraigned Friday morning at a federal courthouse in Norfolk, Virginia, where she pleaded not guilty to the pair of charges brought against her by a prosecutor who President Donald Trump put in the job after he complained that investigations into his political foes weren’t moving fast enough.

“There’s no fear today, no fear,” James said outside the courthouse as protesters chanted alongside her. “Because I believe that justice will rain down like water, and righteousness like a mighty stream.”

But it’s possible James doesn’t go to trial on January 26 at all: her attorneys previewed on Thursday and Friday their intent to try to get her case dropped in the coming months on several different grounds.

Here’s what to know:

Halligan challenge

James’ lawyers told US District Judge Jamar Walker that they are challenging whether the interim US Attorney for Northern Virginia who brought James’ case, Lindsey Halligan, is lawfully serving in the position.

At Friday’s arraignment, the defense lawyers provided the written version of their arguments against Halligan’s authority, in an indication of how fast the case is moving already.

“Ms. Halligan thus lacked the power to present this case to the grand jury or sign this indictment, and she cannot continue to supervise this prosecution … This Court must reject the Executive Branch’s brazen attempt to sidestep the constitutional and statutory limitations on the appointment of U.S. Attorneys,” James’ team wrote.

The argument mirrors a similar effort underway in former FBI Director James Comey’s criminal case. Comey, who has pleaded not guilty to allegedly lying in congressional testimony, is another of Trump’s political enemies who Halligan indicted.

Halligan was tapped for the post after Trump pushed out the former interim US attorney, Erik Seibert. Comey’s team is arguing that Seibert had already served the legally allotted maximum of 120 days that someone can serve on a temporary basis before needing to be confirmed by the Senate.

In court papers submitted earlier this week, Comey’s lawyers claimed that Halligan’s appointment after those 120 days had passed means that Trump was not legally able to appoint a new interim attorney and avoid the Senate confirmation process altogether. They called the move a scheme to “circumvent” Congress’ role in the confirmation process.

A judge from South Carolina has been brought in to handle the Halligan issue and the motion in the James case will be added to that docket given the fact that they raise the same legal questions.

It would then be up to the South Carolina judge, Cameron McGowan Currie, to decide whether she should consider them on the same track. Comey’s request is set to be heard by Currie on November 13.

Should James and Comey succeed in persuading the judge that Halligan was unlawfully appointed, it could doom both cases since Halligan was the only prosecutor to sign the indictments.

Selective and vindictive prosecution bid

James has several other avenues for ridding herself of the charges ahead of trial.

Walker asked Lowell whether he also intends to ask that the case be dismissed based on a claim that the Justice Department is unfairly criminally pursuing her. The judge specifically pointed to a motion to dismiss based on “selective or vindictive prosecution” that is pending in Comey’s case.

Lowell confirmed he’d file such a motion, telling the court it’s “the worst kept secret” that James’ defense attorneys feel she’s being unfairly prosecuted. But he stressed that his team needed to see more evidence in the case before deciding on the contours of such a claim.

Trump’s outspoken dislike for James dates back years. He’s long derided an investigation she led into him and his company as a “witch hunt.” That probe culminated in a $355 million civil judgment last year, though a New York appellate court recently ruled the president and his company do not have to pay.

Trump has called James “racist” and “corrupt,” and in 2024, while campaigning for president, said “she ought to be looked at.”

Last month, the president posted publicly on Truth Social a message, which was apparently supposed to be private, to Attorney General Pam Bondi calling on her to move quickly in the investigation into James and others. “Nothing is being done. What about Comey, Adam ‘Shifty’ Schiff, Leticia??? They’re all guilty as hell,” the president wrote.

James’ team has until November 7 to make the selective or vindictive prosecution request. Prosecutors will have until November 21 to respond to it and a hearing on the motion is set for December 5.

Walker also set a separate schedule for any additional requests from James after Lowell hinted at the possibility of them challenging the charges in the case more broadly. Those potential requests are due by November 17, and the judge said he would hold a hearing on them December 17.

CNN’s Katelyn Polantz contributed to this report.

This story has been updated with additional developments.

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