US Judge Dismisses Criminal Charges Against James Comey and Letitia James Due to Invalid Prosecutor Appointment
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What happened
A federal judge has dismissed the criminal cases against James Comey (former FBI Director) and Letitia James (New York Attorney General) on the grounds that the interim U.S. attorney who brought the indictments was unlawfully appointed.
The prosecutor, Lindsey Halligan, was appointed by the Donald Trump administration and lacked the lawful authority to bring the charges, according to U.S. District Court Judge Cameron McGowan Currie.
Charges and background
Comey was facing charges related to lying to Congress; Letitia James faced mortgage-fraud related charges tied to a property purchase. Both defendants claimed the prosecutions were politically motivated.
The legal reasoning
The key issue was the appointment of Halligan as interim U.S. attorney for the Eastern District of Virginia. The judge found that the legal window for the Attorney General to install an interim attorney expired, and that Halligan’s appointment bypassed required court approval. As such, all actions stemming from her appointment, including the indictments, were invalid.
By dismissing without prejudice, it means the government technically could refile charges, though in Comey’s case the statute of limitations appears to have run out.
Why it matters
This decision highlights serious procedural vulnerabilities in prosecutions when appointing authority is flawed. It signals that legal formality cannot be ignored, even in high-profile cases. For the DOJ and prosecutors, this may force review of past cases brought under similar appointments.
What to watch
It will be important to see how the Justice Department responds: will they re-file the cases under a properly appointed prosecutor? Also, will this set precedent for challenging other indictments based on procedural errors?
Key takeaway
Even when the substance of charges is contested, the mechanics of how the case is brought matter just as much. Legal authority over appointments can make or break a case. For the broader public, it’s a reminder that checks and balances in prosecutorial power remain vital.
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