Federal Judge Dismisses Charges Against James Comey and Letitia James Due to Unlawful Appointment of Interim US Attorney
A federal judge in Washington D.C. has dismissed the criminal charges against former FBI Director James Comey and New York Attorney General Letitia James, citing that Lindsey Halligan's appointment as interim U.S. attorney was unlawful.
The decision comes after a lengthy battle between the two defendants and the Justice Department, with both sides arguing over the legitimacy of Halligan's appointment. The judge ruled that Halligan's 120-day appointment under Section 546 of the federal law governing U.S. attorney vacancies exceeded the allowed time, rendering her appointment invalid.
As a result, the indictments against Comey and James are hereby dismissed without prejudice, allowing them to potentially seek new charges in the future. However, Comey's attorneys have argued that he will not be able to file for a new indictment due to the statute of limitations expiring at the end of September.
The ruling marks a significant victory for Comey and James, who both accused their prosecutions as retaliatory and motivated by President Trump's efforts to punish his political foes. In response to the decision, Letitia James stated that she remains fearless in the face of these baseless charges, while James expressed gratitude for the court's verdict.
The Justice Department has vowed to appeal the ruling, with Attorney General Pam Bondi stating that they will take all available legal action, including an immediate appeal. White House press secretary Karoline Leavitt also defended Halligan's appointment, saying that she was "extremely qualified" and lawfully appointed.
This case highlights the ongoing tension between the executive and legislative branches of government, particularly with regard to the Justice Department's appointments and authority. As one judge noted, if the government's interpretation were correct, it would allow the president to evade Senate confirmation indefinitely by stacking consecutive 120-day appointments.
The ruling is likely to have implications for future cases involving interim U.S. attorneys and the Justice Department's appointments process.
A federal judge in Washington D.C. has dismissed the criminal charges against former FBI Director James Comey and New York Attorney General Letitia James, citing that Lindsey Halligan's appointment as interim U.S. attorney was unlawful.
The decision comes after a lengthy battle between the two defendants and the Justice Department, with both sides arguing over the legitimacy of Halligan's appointment. The judge ruled that Halligan's 120-day appointment under Section 546 of the federal law governing U.S. attorney vacancies exceeded the allowed time, rendering her appointment invalid.
As a result, the indictments against Comey and James are hereby dismissed without prejudice, allowing them to potentially seek new charges in the future. However, Comey's attorneys have argued that he will not be able to file for a new indictment due to the statute of limitations expiring at the end of September.
The ruling marks a significant victory for Comey and James, who both accused their prosecutions as retaliatory and motivated by President Trump's efforts to punish his political foes. In response to the decision, Letitia James stated that she remains fearless in the face of these baseless charges, while James expressed gratitude for the court's verdict.
The Justice Department has vowed to appeal the ruling, with Attorney General Pam Bondi stating that they will take all available legal action, including an immediate appeal. White House press secretary Karoline Leavitt also defended Halligan's appointment, saying that she was "extremely qualified" and lawfully appointed.
This case highlights the ongoing tension between the executive and legislative branches of government, particularly with regard to the Justice Department's appointments and authority. As one judge noted, if the government's interpretation were correct, it would allow the president to evade Senate confirmation indefinitely by stacking consecutive 120-day appointments.
The ruling is likely to have implications for future cases involving interim U.S. attorneys and the Justice Department's appointments process.