In January, Trump made Siebert the interim U.S. attorney for the Eastern District of Virginia office. When the 120-day limit expired, Siebert was appointed by the federal judges in that district to remain in the position until the Senate could confirm him for the job permanently. Instead, Trump fired him and replaced him with Halligan, a former insurance lawyer with no criminal law experience. It is unclear, though, whether the law allows for a second, 120-day interim U.S. attorney.

“She literally might not have the right to set foot in that grand jury room,” Kirschner said.

Whether Comey will ask the trial judge to dismiss the case for either of those reasons remains to be seen. In a video statement posted Thursday evening, Comey said he was not afraid of Trump or the charges against him. “I’m innocent. So let’s have a trial and keep the faith,” he said.