A federal judge dismissed criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, saying the appointment of the U.S. attorney who brought the charges was invalid.
The judge dismissed the charges without prejudice, meaning the cases could be refiled by a duly appointed U.S. attorney.
U.S. District Judge Cameron McGowan Currie found that Acting U.S. Attorney Lindsey Halligan’s appointment was unconstitutional and that her actions in bringing the case were “unlawful.” and “ineffective.”
James Comey speaks on May 30, 2023 in New York City.
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“Because Ms. Halligan had no legal authority to bring the charge, I will grant Mr. Comey’s motion and dismiss the charge without prejudice,” he wrote.
Halligan, Trump’s hand-picked federal prosecutor for the Eastern District of Virginia, requested the indictment of Comey and James for the objections from career prosecutors after trump forced out Former U.S. Attorney Erik Siebert, who sources said had resisted bringing the cases.
Halligan, who had no experience as a prosecutor, requested the impeachment after Trump, in a social media post, asked Attorney General Pam Bondi to act “NOW!!!” to prosecute Comey, James and Representative Adam Schiff.
Comey pleaded not guilty in October to one count of false statements and one count of obstruction of a congressional proceeding related to his testimony before the Senate Judiciary Committee in 2020, amid what critics call Trump payback campaign against his supposed political enemies.
Vice President JD Vance has said that such prosecutions are “driven by law and not politics.”
James, who successfully brought a civil fraud case against Trump last year and is leading multiple lawsuits challenging his administration’s policies, pleaded not guilty in October to charges that he committed mortgage fraud related to a home he bought in 2020.
Prosecutors said she falsely described a property she purchased in Norfolk, Virginia, as a second home rather than an investment property to get a lower mortgage rate. James said he bought the property for his great-niece and allowed her and her children to live in the house rent-free.
With the statute of limitations for Comey’s case about to expire, it is unclear whether the case will be filed in time. Comey’s lawyers have argued that the statute of limitations has already expired.
This is a developing story. Please check back for updates.
