Judge tosses Trump cases against Comey and James
A federal judge dismissed charges against former FBI director James Comey and New York Attorney General Letitia James, two perceived enemies of President Donald Trump, and ruled that the U.S. attorney he handpicked to prosecute them was unlawfully appointed.
The ruling invalidated two lawsuits that Trump publicly sought as he pressured Justice Department leaders to take action against high-profile figures who criticized him and led investigations into his behavior.
Lindsey Halligan, Trump’s former personal attorney, was appointed interim attorney for the U.S. Eastern District of Virginia in September to take over both investigations, despite having no prior prosecutorial experience.
U.S. District Judge Cameron McGowan Currie’s findings come after Comey and James accused the Trump Justice Department of violating the Appointments Clause of the U.S. Constitution and federal law by appointing Halligan in September.
Currie found that Halligan had “no legal authority” to bring charges against Comey or James. But Currie dismissed the cases “without prejudice,” giving the Justice Department the opportunity to seek new indictments under the direction of a different prosecutor.
“All actions resulting from Ms. Halligan’s flawed appointment,” Currie wrote, “were unlawful exercises of executive authority and are hereby set aside.”
“I am encouraged by today’s victory and grateful for the prayers and support I have received from across the country,” James said in a statement. he said. His lawyer, Abbe Lowell, said James “will continue to fight politically motivated charges through all legal means available.”
White House Press Secretary Karoline Leavitt said on Monday that she would appeal the US Justice Department’s decision to dismiss the charges against Comey, calling the move “unprecedented.”
“I am grateful that the court ended the case against me, which was an investigation based on bad faith and incompetence, and a reflection of what the Department of Justice has become under Donald Trump,” Comey said in a video posted on Instagram.
It’s unclear whether prosecutors could file a new case against Comey for the same conduct. The five-year statute of limitations on the charges expired Sept. 30, and Comey’s lawyers have said in court filings that prosecutors do not believe they have more time to refile the charges.
Both Comey and James have long been targets of Trump’s ire. Comey, the FBI director, led an investigation into alleged ties between Trump’s 2016 campaign and the Russian government and later said Trump was unfit for office. James, an elected Democrat, successfully sued Trump and his family’s real estate company for fraud.
Trump ordered Attorney General Pam Bondi to appoint Halligan to the post after his predecessor, Erik Siebert, dismissed the charges against Comey or James, citing a lack of credible evidence in both cases.
Shortly after his appointment, Halligan filed a solo indictment against Comey and James after other career prosecutors in the office refused to participate.
Comey pleaded not guilty to charges of perjury and obstruction of Congress after being accused of lying to the news media about authorizing leaks. James has pleaded not guilty to charges of bank fraud and lying to a financial institution for allegedly providing misleading information in mortgage documents to obtain more favorable loan terms.
