Judge Dismisses Legal Cases Against Former FBI Director James Comey and General Letitia James
Due to the prosecutor’s illegal appointment, a US judge dismissed criminal charges against former FBI Director James Comey and New York Attorney General Letitia James.
Lindsey Halligan, who Trump personally selected to prosecute two of his political rivals, was never qualified to hold the position, according to Judge Cameron Currie.
Comey and James have both insisted on their innocence and called the proceedings politicized.
“The facts of the indictments against Comey and James have not changed and this will not be the final word on this matter,” the White House told the BBC in reaction to the decision.
President Donald Trump has repeatedly attacked Comey and James, declaring in one social media post, “They’re all guilty as hell”, and later adding “JUSTICE MUST BE SERVED, NOW!!!”
In her decision on Monday, Judge Currie wrote that Halligan, a former White House aide who had never prosecuted a case before, was not authorised to present the charges to the grand jury.
“All actions flowing from Ms Halligan’s defective appointment, including securing and signing Mr Comey’s indictment, were unlawful exercises of executive power and are hereby set aside,” Currie ruled.
Erik Siebert, an acting US lawyer who resigned in September due to pressure from the Trump administration to bring charges against Comey and James, was replaced by Halligan.
Judge Currie found that the legislation regulating interim US attorneys was broken by Halligan’s appointment. The judge pointed out that the attorney general has 120 days under that law to make an interim appointment, which started on January 21 with Siebert’s nomination.
When that 120-day window closed on 21 May, the attorney general’s authority to appoint an interim replacement expired as well, Judge Currie wrote. As a result, Halligan “has been unlawfully serving in that role” since her 22 September appointment.
The cases were dismissed “without prejudice”, meaning the justice department could potentially refile the case at a later date.
The department did not immediately respond to the BBC’s request for comment.
White House Press Secretary Karoline Leavitt said the justice department would appeal against the dismissal of Comey and James’s cases “very soon”.
She said the administration’s position was that Halligan had been legally appointed. Leavitt also accused the judge of “trying to shield” Comey and James.