Attorneys for New York Attorney General Letita James and former FBI Director James Comey are set to argue in federal court Thursday that interim U.S. Attorney Linsdey Halligan should be disqualified for prosecuting their respective client’s cases because she was illegally appointed by the Trump administration.

Judge Cameron Currie, a Clinton appointee in South Carolina, will preside over the hearing, according to Politico.

The hearing follows Attorney General Pam Bondi’s appointment of Halligan, President Trump’s former personal lawyer, as interim U.S. attorney for the Eastern District of Virginia in September at Trump’s urging. Halligan succeeded Erik Siebert, who resigned after he resisted bringing charges against Comey and James.

The plaintiffs’ attorneys argue Halligan was never eligible to take on the prosecutorial role because of legal limits on who can serve in it.

Three other DOJ prosecutors have already been disqualified by federal courts. However, if Halligan is disqualified, a key issue is that she was the only federal prosecutor to sign the Comey and James indictments and present evidence to the grand juries that approved them.

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