On Monday, a federal judge in the United States dismissed the criminal prosecution against former FBI director James Comey and New York State Attorney General Letitia James, citing that the prosecutor who brought the lawsuit was not lawfully appointed.
The temporary prosecutor Lindsey Halligan was appointed by the Attorney General Pam Bondi.
Federal District Judge Cameron Currie wrote in the ruling, “I agree with Comey’s view that the actions of the Department of Justice in appointing Halligan as the federal prosecutor for the Eastern District of Virginia are invalid. Since Halligan lacked the legal authority to bring the lawsuit, I will approve Comey’s motion and dismiss the charges.”
Judge Currie pointed out that because the appointment of Halligan, a former personal lawyer to the President, violated the constitutional appointment clause, she had no authority to present the case to a grand jury, and therefore the prosecution should be dismissed.
Comey was charged in September with obstructing justice and making false statements to Congress in 2020. He pleaded not guilty to both charges and questioned the legality of the lawsuit brought by Halligan.
Letitia James was charged with bank fraud and making false statements to financial institutions. She pleaded not guilty to these charges.
The indictment stated that James purchased a property in Norfolk, Virginia, with loan terms that prohibited her from using the property as a rental investment. Prosecutors alleged that this action saved her approximately $18,933 during the loan period.
The dismissal of these two cases by the judge means that the Department of Justice has the opportunity to refile the cases after formally appointing a prosecutor.
Comey and James’ lawyers argued that Halligan’s appointment violated federal law, which stipulates that the term of a temporary U.S. prosecutor cannot exceed 120 days.
They argued that repeated temporary appointments bypass the confirmation process by the U.S. Senate, allowing prosecutors to serve indefinitely. Previously, Bondi appointed Erik Siebert as a temporary prosecutor for 120 days, and when the Senate did not confirm his appointment, the Eastern District Federal Court in Virginia reappointed Siebert.
Subsequently, Siebert resigned, and Halligan was appointed as the temporary federal prosecutor.
Justice Department lawyers argued that the law allows the Attorney General to make multiple temporary appointments of federal prosecutors.
The challenge to Halligan’s appointment was one of the defense efforts taken by Comey and James’ lawyers to dismiss the cases against them before trial. They contended that since the Attorney General had already appointed Siebert for a 120-day term, the subsequent authority should be led by the court, not by the Attorney General appointing temporary prosecutors.
The lawyers also argued that these cases were retaliatory prosecutions instigated by President Trump out of animosity.
Comey’s defense team primarily included appellate expert Ephraim McDowell (Cooley Law Firm) and Michael Dreeben, a former Justice Department lawyer who participated in the investigations of special prosecutors Robert Mueller and Jack Smith appointed by two Democratic presidents.
Letitia James’ defense lawyer was primarily overseen by Abbe Lowell, a prominent Washington defense attorney and trial expert.