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Charges against Comey and James dismissed on procedural grounds
A federal judge in Washington, D.C., dismissed criminal cases against former FBI Director James Comey and New York Attorney General Letitia James on Monday, ruling that the prosecutor who brought the charges was unlawfully appointed and lacked authority to pursue the indictments.
Judge Cameron Currie found that Lindsey Halligan, a former White House aide handpicked by President Donald Trump to lead the prosecutions, had no legal standing to present the cases to a grand jury. Halligan, who had no prior prosecutorial experience, was named to the role after her predecessor resigned under pressure from the administration.
Judge cites violation of interim appointment statute
In her 28-page decision, Currie determined that Halligan's appointment violated federal law governing interim U.S. attorneys. The statute permits the attorney general to fill such roles for up to 120 days-a window that began on January 21 with the designation of Erik Siebert, the previous interim prosecutor. When that period expired on May 21, the administration's authority to appoint a replacement lapsed, the judge wrote.
Halligan was installed on September 22, nearly four months after the legal deadline. "All actions flowing from Ms. Halligan's defective appointment, including securing and signing Mr. Comey's indictment, were unlawful exercises of executive power," Currie stated. The dismissals were issued without prejudice, leaving open the possibility of refiling.
White House vows appeal, calls ruling politically motivated
The White House swiftly condemned the decision, with Press Secretary Karoline Leavitt asserting that Halligan's appointment was lawful and accusing the judge of "trying to shield" Comey and James. Leavitt told reporters the Justice Department would appeal the ruling "very soon." The department itself did not immediately respond to requests for comment.
The facts of the indictments against Comey and James have not changed, and this will not be the final word on this matter.
White House statement to the BBC
Comey and James denounce prosecutions as politically driven
Both defendants have long maintained their innocence, framing the charges as retaliation for their opposition to Trump. Comey, fired by Trump in 2017 amid the Russia investigation, called the prosecution "based on malevolence and incompetence" but warned, "Trump will probably come after me again."
James, who previously sued Trump's business empire before his re-election, issued a statement celebrating the dismissal: "I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day." She had faced allegations of bank fraud and false statements to financial institutions.
Background: A history of conflict
Comey's indictment stemmed from accusations of false statements and obstruction of justice-charges Trump publicly demanded after the former FBI director's role in probing Russian election interference. James, a vocal Trump critic, became a target following her office's civil cases against the president's companies.
The dismissals mark the latest twist in a years-long feud between Trump and the two officials, with the president declaring on social media last month: "They're all guilty as hell. JUSTICE MUST BE SERVED, NOW!!!"
