A federal judge has dismissed cases against former FBI Director James Comey and NY Attorney General Letitia James after finding that US Attorney Lindsey Halligan was unlawfully appointed to the role, and that AG Pam Bondi cannot ratify her actions.
Judge Cameron McGowan Currie, a Clinton appointee, dismissed the case without prejudice over Halligan’s appointment, meaning the DOJ can try again when they get their act together.
“I conclude that all actions flowing from Ms. Halligan’s defective appointment, including securing and signing Ms. James’s indictment, constitute unlawful exercises of executive power and must be set aside,” the judge wrote in an order in James’ case.
Comey pleaded not guilty to charges that he lied to Congress during a 2020 hearing and obstructed their proceeding.
As Axios notes:
– The indictment against Comey came as the statute of limitations was set to expire. Trump ousted U.S. attorney Erik Siebert, who had reportedly believed there was not enough evidence to bring a case against Comey or New York Attorney General Letitia James.
– Trump replaced Siebert with Lindsey Halligan, who had previously worked for him. She is now serving as the interim U.S. attorney for the Eastern District of Virginia despite having no prosecutorial experience.
– Judge William Fitzpatrick warned in a November opinion that “a disturbing pattern of profound investigative missteps” could have undermined the proceedings, leaving the indictment in jeopardy.
Developing…