New York Attorney General Letitia James announced on Thursday that her legal team intends to request a federal judge to dismiss the criminal charges filed against her, arguing that the U.S. Attorney in Eastern Virginia who secured the indictment was improperly appointed, according to court documents.

The filing comes a day before James is scheduled to be arraigned in the U.S. District Court in Norfolk, Virginia, where she is expected to plead not guilty to one count of bank fraud and one count of making false statements to a financial institution.

Lindsey Halligan was appointed last month as U.S. Attorney for Virginia’s Eastern District, following the removal of her predecessor, who had raised concerns regarding the strength of evidence in cases involving both James and former FBI Director James Comey.

Comey has also been indicted in the same district on charges of obstructing Congress and making a false statement.

Halligan, who previously served as personal counsel to President Donald Trump and has no prior prosecutorial experience, secured the indictments against James and Comey independently, without support from other career prosecutors in the office.