A U.S. judge has dismissed criminal charges against former FBI Director James Comey and New York Attorney General Letitia James. The ruling stated that the prosecutor who brought the charges, Lindsey Halligan, was unlawfully appointed.
Judicial Ruling Details
Judge Cameron Currie determined that Lindsey Halligan was ineligible for the post of prosecutor. Halligan, a former White House aide, had not prosecuted a case prior to this appointment. The judge's decision stated that all actions stemming from Halligan's appointment, including securing and signing Mr. Comey's indictment, were unlawful exercises of executive power and were therefore set aside.
Appointment Irregularities
Halligan was appointed to replace Erik Siebert, an interim U.S. attorney who resigned in September. Judge Currie found that Halligan's appointment violated the statute governing interim U.S. attorneys. According to this law, the attorney general has 120 days to make an interim appointment. This period commenced on January 21 with Siebert's designation and expired on May 21. Halligan's appointment on September 22 occurred after this 120-day window had closed.
Charges and Reactions
The cases were dismissed "without prejudice," meaning the Justice Department could refile the cases at a later date. The White House stated that the Justice Department intends to appeal the dismissal, asserting that Halligan had been legally appointed.
James Comey had been charged with making false statements and obstruction of justice. Letitia James faced federal charges of bank fraud and making false statements to a financial institution. Both Comey and James had previously stated their innocence regarding the allegations.