Breaking News: Judge Dismisses Cases Against James Comey and Letitia James, Citing Invalid Prosecutor Appointment
A federal judge has dismissed the indictments against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the prosecutor who brought the charges, Lindsey halligan, was invalidly appointed. Judge Genevieve R. Currie issued the decision after determining the Justice Department overstepped its authority in extending Halligan’s temporary appointment as interim U.S. attorney.
Comey and James were both indicted in early October on charges of bank fraud, with Halligan solely presenting the cases to the grand jury and signing the indictments. Both had pleaded not guilty.
The core of the legal challenge centered on the rules governing temporary U.S. attorney appointments. Comey’s attorneys argued that Halligan’s appointment was “fatally flawed” as it exceeded the 120-day limit for interim appointments. They contended the clock began when Attorney General bondi initially appointed a temporary U.S. attorney, Siebert, and that only the district court could appoint a successor once that period elapsed.
Justice Department lawyers countered that the 120-day limit applied “per-appointment basis,” meaning each appointment triggered a new 120-day period.They attempted to bolster Halligan’s authority with an October order from Bondi retroactively naming her a special attorney and ratifying her previous actions.
However, Judge Currie rejected Bondi’s retroactive appointment and ratification efforts, stating the Justice Department had not cited any legal basis for rewriting the terms of a past appointment. She warned that allowing such a practice would open the door to allowing unqualified individuals to present cases to grand juries.
“The implications of a contrary conclusion are extraordinary,” Currie wrote. “It would mean the Government could send any private citizen off the street – attorney or not – into the grand jury room to secure an indictment so long as the Attorney General gives her approval after the fact. That cannot be the law.”
The judge heard arguments on Comey’s motion to dismiss alongside a similar effort by James earlier this month. The dismissal applies to both cases, as Halligan was the sole presenter in both indictments.
