The Department of Justice is defending its cases brought against former FBI Director James Comey and New York Attorney General Letitia James. CBS News' Scott MacFarlane has more details.

Washington

The Justice Department has denied allegations from former FBI Director James Comey and New York Attorney General Letitia James that the prosecutor handling their cases, Lindsay Halligan, was unlawfully appointed. Comey faces charges of obstruction and lying to Congress, while James is accused of mortgage fraud; both have pleaded not guilty.

Federal prosecutors are working to prevent the dismissal of both cases, which are being handled by the same prosecutor in the Eastern District of Virginia. The Department of Justice maintains that Halligan was lawfully appointed, citing a new designation by Attorney General Pam Bondi. A federal hearing on the matter is scheduled to take place in Alexandria, Virginia.

Justice Department defends cases against James Comey, Letitia James

And we have an update to the criminal cases of former FBI Director James Comey and New York Attorney General Letitia James. The Justice Department is denying claims from the two, alleging that the prosecutor who pursued their cases was unlawfully appointed and needs to be removed. James and Comey argue Lindsay Halligan had no authority to bring their individual indictments. Comey is accused of obstruction and lying to Congress, while James is accused of mortgage fraud. Both of them have pleaded not guilty. Now joining us live is CBS News Justice Correspondent Scott McFarlane. Scott, federal prosecutors are pushing back on another one of Comey's claims, as they also disclosed new evidence in the case. What can you tell us about that? Prosecutors are trying to keep these very high profile, very controversial prosecutions alive to keep them from being dismissed. There are two different jets on parallel runways at this point. The case of former FBI Director James Comey and the case of New York Attorney General Letitia James. Same prosecutor, same district, the Eastern District of Virginia. But both are making the same argument as they go down their parallel runways. They're arguing that Lindsay Halligan, the U.S. attorney, was not lawfully appointed to the position by the Trump administration and therefore, because Halligan's name's on the case, the case should collapse and be dismissed. Should be a seismic development in all of these legal dramas. The Department of Justice overnight has argued that Halligan was, in fact, lawfully appointed. They make a series of arguments as to why, including a new designation from the attorney general herself, Pam Bondi, that Halligan is her special prosecutor for these cases, the Comey and the James case. This is all going to come to a head in a federal hearing and that's when these two jets hit on the same runway for a short while because they're going to join forces in an argument over this matter of whether Halligan is lawfully appointed in a hearing November 13th. That's a week from Thursday, if my math is correct, at the federal courthouse in Alexandria, Virginia.

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