Federal Judge Dismisses Indictments Against James Comey and Letitia James Over Trump's Appointment Power
A US federal judge has dismissed the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the appointment of the U.S. attorney who brought the indictments was invalid. The decision came after a lengthy legal battle over President Donald Trump's influence on the appointment process.
Judge Cameron McGowan Currie concluded that Lindsey Halligan, the interim US Attorney for the Eastern District of Virginia, had no lawful authority to present the indictment, as her appointment was not valid under federal law. This means that the charges against Comey and James can be refiled by an appropriately appointed U.S. attorney.
The indictment against Comey centered on allegations that he made false statements during a Senate hearing in 2020. The case against James relates to mortgage fraud charges stemming from a property purchase in 2020.
Halligan, who was handpicked by Trump as interim US Attorney, had no experience as a prosecutor and was criticized for her lack of qualifications. Her appointment was also deemed unconstitutional by Judge Currie.
This decision comes after President Biden's pick for US Attorney, Jessica Aber, resigned, allowing the judges in the Eastern District of Virginia to appoint Erik Siebert as interim US Attorney. However, Trump later nominated Lindsey Halligan as interim US Attorney, which sparked controversy over her lack of qualifications.
Judge Currie ruled that the appointment power had shifted from the attorney general to the judges in the district after 120 days, and thus Halligan's appointment was invalid. The judge stated that allowing the government to appoint any private citizen as a prosecutor "cannot be the law."
The implications of this decision are significant, as it sets a precedent for presidential influence on the judiciary and highlights concerns over politicization of the justice system.
Comey's attorney, Patrick Fitzgerald, welcomed the ruling, stating that it vindicated the rule of law and protected Comey from what he described as "unlawful prosecution." James' attorney also expressed confidence in her client's case, saying they would challenge any further "politically motivated charges" through every available legal means.
The decision may have limited options for refiled cases against the two politicians.
A US federal judge has dismissed the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the appointment of the U.S. attorney who brought the indictments was invalid. The decision came after a lengthy legal battle over President Donald Trump's influence on the appointment process.
Judge Cameron McGowan Currie concluded that Lindsey Halligan, the interim US Attorney for the Eastern District of Virginia, had no lawful authority to present the indictment, as her appointment was not valid under federal law. This means that the charges against Comey and James can be refiled by an appropriately appointed U.S. attorney.
The indictment against Comey centered on allegations that he made false statements during a Senate hearing in 2020. The case against James relates to mortgage fraud charges stemming from a property purchase in 2020.
Halligan, who was handpicked by Trump as interim US Attorney, had no experience as a prosecutor and was criticized for her lack of qualifications. Her appointment was also deemed unconstitutional by Judge Currie.
This decision comes after President Biden's pick for US Attorney, Jessica Aber, resigned, allowing the judges in the Eastern District of Virginia to appoint Erik Siebert as interim US Attorney. However, Trump later nominated Lindsey Halligan as interim US Attorney, which sparked controversy over her lack of qualifications.
Judge Currie ruled that the appointment power had shifted from the attorney general to the judges in the district after 120 days, and thus Halligan's appointment was invalid. The judge stated that allowing the government to appoint any private citizen as a prosecutor "cannot be the law."
The implications of this decision are significant, as it sets a precedent for presidential influence on the judiciary and highlights concerns over politicization of the justice system.
Comey's attorney, Patrick Fitzgerald, welcomed the ruling, stating that it vindicated the rule of law and protected Comey from what he described as "unlawful prosecution." James' attorney also expressed confidence in her client's case, saying they would challenge any further "politically motivated charges" through every available legal means.
The decision may have limited options for refiled cases against the two politicians.