TL;DR
- A judge dismissed criminal cases against Donald Trump critics James Comey and Letitia James, ruling the prosecutor’s appointment was unlawful.
- Judge Currie stated all actions stemming from Lindsey Halligan’s appointment violated executive power and could not be ratified by the Attorney General.
- The dismissal raises questions about the viability of new charges against Comey, as the statute of limitations for the original charges has expired.
US judge throws out criminal cases against Trump critics James Comey and Letitia James | US News
A judge has dismissed criminal cases against Donald Trump critics James Comey and Letitia James after finding that the prosecutor was illegally appointed.
Mr Comey is the former FBI director and Ms James is New York attorney general.
In his ruling, Judge Cameron Currie said: “All actions flowing from Ms. [Lindsey] Halligan’s defective appointment, including securing and signing Mr Comey’s indictment, were unlawful exercises of executive power and are hereby set aside.
“The Attorney General’s attempts to ratify Ms. Halligan’s actions were ineffective and are hereby set aside.”
Mr Comey has pleaded not guilty to charges of making false statements and obstructing Congress and Ms James has pleaded not guilty to charges of bank fraud and lying to a financial institution.
Both also claimed that the cases were retaliatory actions driven by Donald Trump’s personal hostility.
“I’m grateful that the court ended the case against me, which was a prosecution based on malevolence and incompetence and a reflection of what the Department of Justice has become under Donald Trump,” Mr Comey said in a video posted on social media.
“I am heartened by today’s victory and grateful for the prayers and support I have received from around the country,” Ms James said in a statement.
Her attorney, Abbe Lowell, said Ms James would “continue to challenge any further politically motivated charges through every lawful means available”.
A spokesperson for the Justice Department did not immediately respond to requests for comment.
It is uncertain whether prosecutors can pursue a new case against Mr Comey for the same conduct. The five-year statute of limitations for the charges expired on September 30, and Mr Comey’s lawyers have stated in court filings that they do not believe there is time to refile.
The orders make Lindsey Halligan the latest Trump administration prosecutor to be disqualified because of the manner in which they were appointed.
Halligan, who previously served as Mr Trump’s personal lawyer, was appointed interim US Attorney for the Eastern District of Virginia in September to oversee both investigations, despite lacking prior prosecutorial experience.
Judge Currie’s ruling follows claims from Mr Comey and Ms James that the Trump Justice Department violated the Constitution’s appointment clause and federal law by naming Halligan in September.
Mr Trump directed Attorney General Pam Bondi to appoint Halligan to the position after her predecessor, Erik Siebert, chose not to pursue charges against Mr Comey or Ms James, citing insufficient credible evidence in both cases.
Soon after taking the role, Halligan independently obtained indictments against Mr Comey and Ms James, after other career prosecutors in the office declined to be involved.