A federal judge on Monday dismissed the Justice Department's criminal cases against former FBI Director James Comey and New York Attorney General Letitia James. The dismissal was based on the finding that the acting U.S. attorney who secured the indictments, Lindsey Halligan, had been unlawfully appointed.
Appointment Background
Lindsey Halligan was appointed by President Trump to serve as acting U.S. Attorney for the Eastern District of Virginia. This appointment followed the removal of the previous top prosecutor. Halligan, a former insurance attorney, had previously served as Trump's personal lawyer and later joined his administration as a White House aide. She had no prior prosecutorial experience.
Indictments
Halligan was sworn in as acting U.S. attorney on September 22. Three days later, she secured a two-count criminal indictment against James Comey, shortly before the statute of limitations was set to expire. Comey subsequently pleaded not guilty. Two weeks following this, Halligan secured an indictment against Letitia James on charges of bank fraud and false statements to a financial institution. James also pleaded not guilty.
In both cases, court documents indicated that Halligan was the sole prosecutor to present information to the grand jury.
Judicial Ruling
U.S. District Court Judge Cameron McGowan Currie ruled that "all actions flowing from Ms. Halligan's defective appointment," including the indictments against Comey and James, "were unlawful exercises of executive power and are hereby set aside." The dismissal was made without prejudice, which permits the Justice Department to potentially re-file the cases.
Reactions and Related Information
Abbe Lowell, an attorney for James, stated that his client would continue to challenge any subsequent charges. He asserted that the case was politically motivated. James released a statement affirming her continued dedication to New Yorkers. The Justice Department, in contrast, defended Halligan's appointment, stating that all proper procedures were followed.
Prior to Halligan's swearing-in, President Trump had publicly called for the prosecution of Comey, James, and California Democratic Sen. Adam Schiff via a social media post. Schiff currently faces no charges but is under federal investigation for allegations of mortgage fraud.