USA (Brussels Morning Newspaper) – A federal judge has dismissed criminal charges against former FBI Director James Comey and New York Attorney General Letitia James, ruling the prosecutor who brought the cases was unlawfully appointed. The judge dismissed both cases without prejudice, leaving open the possibility for future prosecution.
Federal Judge Rules on Appointment Illegality
A federal judge, U.S. District Judge Cameron McGowan Currie, ruled on Monday that Lindsey Halligan the prosecutor overseeing the cases against James Comey and Letitia James was appointed illegally as U.S. Attorney for the Eastern District of Virginia. As a result, all indictments and prosecutorial actions she carried out were declared null and void. Judge Currie explicitly stated, “I concur with Mr. Comey that the Attorney General’s effort to appoint Ms. Halligan as interim U.S. Attorney was invalid” and dismissed the indictments on these grounds.
This ruling did not dismiss the cases with prejudice, meaning the Justice Department retains the ability to potentially refile charges in the future. The decision focuses solely on the procedural flaw regarding Halligan’s appointment, rather than the substantive evidence against the defendants.
Charges Against Comey and James
James Comey had been facing charges related to allegedly making false statements to Congress and obstructing a congressional proceeding during his 2020 testimony concerning Russian interference in the 2016 U.S. presidential election. Letitia James faced accusations of bank fraud and making false statements related to a property she owned in Virginia. Both individuals pleaded not guilty to their respective charges.
The Controversial Appointment of Lindsey Halligan
Lindsey Halligan, a former White House attorney and ally of former President Donald Trump, was appointed to lead the U.S. Attorney’s Office for the Eastern District of Virginia in a manner now found to be unlawful. The appointment bypassed standard protocols, provoking legal challenges. Halligan was the sole prosecutor to present the charges to the grand jury and sign both indictments, a fact that contributed to the invalidation of the cases.
Several prosecutors within Halligan’s office previously advised against pursuing charges against Comey and James, doubting the sufficiency of evidence for convictions, which adds another layer of controversy around the prosecutions.
Political Context and Reactions
The prosecution of James Comey and Letitia James has been widely viewed as part of a politically charged campaign, with former President Donald Trump publicly pushing for these prosecutions despite their controversial nature. Trump has labelled both figures as guilty and called for “justice to be served” multiple times on social media, reflecting the heightened political tension surrounding these legal actions.
Legal experts and media outlets like Axios have characterised the judge’s decision as a significant rebuke of what many perceive to be retaliatory actions against Trump’s longstanding foes. The cases’ dismissal highlights the judicial system’s role in checking prosecutorial overreach arising from questionable appointments.
What Happens Next
Since the dismissals were without prejudice, prosecutors may still opt to refile charges, but would need to do so under a properly appointed U.S. attorney. Currently, the Justice Department has not confirmed if it plans to attempt reviving the prosecutions.
Lawyers for both Comey and James had requested dismissals with prejudice to prevent any possibility of future charges, but the judge decided otherwise, signalling the procedural issue as the key factor rather than a full exoneration on merits.
