USA (Parliament Politics Magazine) – A federal judge dismissed criminal charges against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the appointment of prosecutor Lindsey Halligan was unlawful. The cases were dismissed without prejudice, allowing the Justice Department potential to refile.
Illegal Appointment of Prosecutor Leads to Case Dismissal
U.S. District Judge Cameron McGowan Currie dismissed charges against James Comey and Letitia James on the grounds that Lindsey Halligan’s appointment as interim U.S. Attorney for the Eastern District of Virginia was invalid. Halligan, a former personal lawyer to President Donald Trump, was appointed without Senate confirmation, violating the Appointments Clause of the U.S. Constitution, according to the ruling.
As reported by Jake Tapper of CNN, Judge Currie stated, “The Attorney General’s effort to appoint Ms. Halligan was invalid,” adding that all indictments and prosecutorial actions she undertook were unlawful exercises of executive authority and thus nullified.
Background of the Cases Against Comey and James
James Comey faced charges related to allegedly providing false statements to Congress and obstructing a congressional investigation tied to his 2020 testimony on Russian interference in the 2016 presidential election. Comey pleaded not guilty to the accusations.
Letitia James was charged with bank fraud and making false statements concerning a financial matter, which she also denied. Both cases drew significant political attention due to their connection to President Donald Trump, who had pressured for prosecutions of his political adversaries.
Political Context and Retaliation Claims
The indictments were widely viewed as part of a retributive campaign driven by the Trump administration. Lindsey Halligan’s appointment followed pressure from Trump to pursue legal actions against Comey and James. Politicians and legal experts widely criticised the prosecutions as politically motivated.
From Axios, reporter Jonathan Swan noted that the dismissal represented “a major rebuke of the retribution campaign against Trump’s longtime enemies.” Letitia James remarked in a statement that she remained “undeterred in the face of these unfounded allegations” and thanked her supporters nationwide.
Legal Implications and Future Proceedings
The dismissal is without prejudice, meaning the Justice Department may attempt to refile charges with a properly appointed prosecutor. However, Comey’s lawyers have argued the statute of limitations expired during the period between the initial indictment and the dismissal.
As detailed by ABC News, Judge Currie’s ruling clarifies that only the district court has the power to appoint interim U.S. attorneys beyond the limited 120-day term allowed under Department of Justice regulations without Senate confirmation. Currie emphasised that allowing the Attorney General to appoint anyone without judicial approval would undermine the legitimacy of grand jury indictments.
United States Justice Department Response
The Justice Department has yet to comment officially, but given the ruling’s significance, an appeal or attempt to salvage the prosecutions could follow. Halligan’s controversial role as a Trump ally in bringing the cases remains a central issue.
As NBC News reported, these rulings are considered a major legal victory for both Comey and James, reinforcing judicial checks on executive appointments in politically charged prosecutions.