Judge Dismisses Cases Against James Comey And Letitia James After Finding Prosecutor Was Unlawfully Appointed

A national judge dismissed nan criminal indictments against erstwhile FBI Director James Comey and New York Attorney General Letitia James aft uncovering nan charismatic who brought nan cases was not lawfully appointed.

"I work together pinch Mr. Comey that nan Attorney General’s effort to instal Ms. Halligan arsenic Interim U.S. Attorney for nan Eastern District of Virginia was invalid. And because Ms. Halligan had nary lawful authority to coming nan indictment, I will assistance Mr. Comey’s mobility and disregard nan indictment," U.S. District Judge Cameron Currie wrote successful her ruling, uncovering nan indictment should beryllium tossed because nan assignment of erstwhile Donald Trump individual lawyer Lindsey Halligan was invalid and she'd lacked nan authority to coming a lawsuit to a expansive jury.

She issued a abstracted ruling dismissing nan James case.

Because Halligan, who'd been appointed interim U.S. lawyer for nan Eastern District of Virginia astatine Trump's direction, was nan only charismatic to coming nan cases and motion nan indictments, nan indictments should beryllium voided, nan judge found.

The ruling could person awesome ramifications for different prosecutions brought by Halligan’s agency during her tenure. A akin ruling disqualifying Alina Habba as nan New Jersey U.S. Attorney has resulted successful a number of criminal cases brought nether her activity being stuck successful ineligible limbo while she appeals nan decision.

Currie seemed mostly skeptical of nan Justice Department's position astatine a uncommon associated hearing connected nan rumor with lawyers for Comey and James connected Nov. 13, wherever a charismatic portrayed questions astir Halligan's assignment arsenic "a paperwork error."

Comey's lawyer said it was overmuch much than that, and a "fatal flaw" successful nan prosecution of his client.

Comey was indicted connected charges of making a mendacious connection to Congress and obstructing a legislature investigation, while James was indicted connected charges of slope fraud and making a mendacious connection to a financial institution. Both person pleaded not guilty.

In a highly different move, Halligan was nan lone charismatic to coming their cases to nan expansive assemblage and nan lone charismatic to motion their indictments. Other prosecutors successful her agency had recommended against charging Comey and James because they didn't judge location was capable grounds to unafraid convictions, NBC News antecedently reported.

Trump said he was naming Halligan U.S. lawyer for nan Eastern District of Virginia connected Sept. 20 — nan time aft he forced retired his first pick, Erik Siebert. Siebert had resisted unit to prosecute Comey and James.

Halligan's assignment was instantly viewed arsenic problematic because, according to national statute, group successful that station whitethorn only service for 120 days aft being appointed U.S. attorney, unless confirmed by nan Senate earlier then.

The Senate had not confirmed Siebert, truthful national judges of nan Eastern District of Virginia exercised their independent assignment authority to support him connected beyond nan 120-day limit.

Lawyers for Comey and James contended that aft Siebert was forced out, nan work for naming his replacement belonged to nan judges, not Attorney General Pam Bondi. To norm otherwise, Comey's lawyer said successful a filing, would render nan 120-day play "meaningless, and nan Attorney General could indefinitely evade nan alternate procedures that Congress mandated."

The Justice Department maintained that Halligan's assignment was valid since nan agency was vacant aft Siebert's departure. The "Senate has not refused proposal and consent to Ms. Halligan — her information remains pending. The Attorney General truthful lawfully appointed Ms. Halligan arsenic interim U.S. Attorney" and "the motions to disregard should beryllium denied," nan Justice Department said successful a filing.

Trump's Truth Social station naming Halligan to nan position came nan time aft Siebert was forced retired — and soon aft different societal media station wherever he publically urged Bondi to push up pinch prosecutions of Comey, James and perceived governmental adversary, Democratic Sen. Adam Schiff of California.

"Pam: I person reviewed complete 30 statements and posts saying that, essentially, 'same aged communicative arsenic past time, each talk, nary action. Nothing is being done. What astir Comey, Adam “Shifty” Schiff, Leticia??? They’re each blameworthy arsenic hell, but thing is going to beryllium done,'” said nan post, which a root previously confirmed to NBC News had been intended arsenic a nonstop connection to Bondi, not a nationalist post.

"We can’t hold immoderate longer, it’s sidesplitting our estimation and credibility," Trump continued, while praising Halligan arsenic "a really bully lawyer."

Five days aft nan post, Halligan, who had nary prosecutorial experience, presented nan Comey lawsuit to a expansive jury. The position came days earlier a five-year statute of limitations connected nan charges was group to expire.

Currie, a Bill Clinton appointee who is based successful South Carolina, heard nan arguments connected nan disqualification rumor alternatively of a judge from nan Eastern District of Virginia since section judges would beryllium progressive successful selecting Halligan's replacement.

Comey and James person different motions pending earlier nan judges presiding complete their cases, contending nan charges should beryllium dismissed because they are nan consequence of a "selective and vindictive" prosecution.

The Trump administration's stance connected nan 120-day norm has led to U.S. attorneys successful California and Nevada being disqualified arsenic well. The Justice Department is appealing those rulings.