A federal judge has thrown out the criminal charges against former FBI director James Comey and New York Attorney General Letitia James. The judge ruled that the prosecutor who initiated the charges at the behest of President Donald Trump was unlawfully appointed by the Justice Department.
The decisions by U.S. District Judge Cameron McGowan Currie constitute a significant criticism of the Trump administration’s attempts to target the president’s political adversaries. The rulings underscore the administration’s legal maneuvers to swiftly install a prosecutor loyal to them willing to pursue the cases.
The judge’s orders disqualify Lindsey Halligan, making her the latest Trump administration prosecutor to face disqualification due to the questionable manner of their appointment. This ruling aligns with others that have gone against the administration, affecting U.S. attorneys in California, Nevada, and New Jersey. In those cases, judges allowed the cases to proceed under different officials.
The judge stated, “All actions resulting from Ms. Halligan’s flawed appointment, including obtaining and signing Mr. Comey’s indictment, were unlawful exercises of executive power and are nullified.”
Both Comey and James had requested the cases to be dismissed with prejudice, preventing the Justice Department from reopening them. However, the judge dismissed the cases without prejudice, leaving room for potential revival by the Justice Department.
James faced charges in a mortgage fraud investigation, while Comey’s indictment was lodged shortly before the statute of limitations expired for the charges against him, including making false statements to Congress and obstructing a congressional proceeding.
In response to the ruling, Comey posted a video on social media emphasizing that the President should not abuse the Department of Justice to target political opponents, calling it un-American and a threat to the rule of law.
The challenge to Halligan’s appointment was part of a broader effort by Comey and James to contest the indictments on grounds of vindictiveness. Comey’s legal team also raised concerns about irregularities in the grand jury process.
A White House spokesperson indicated that the case is not closed, suggesting a potential appeal by the Justice Department. Attorney General Pam Bondi affirmed that the Department would seek an immediate appeal and could consider refiling the cases.
The ruling specifically addresses the controversial appointment of Halligan, a former White House aide without prior prosecutorial experience, to lead a crucial office within the Justice Department. Halligan was appointed following the resignation of Erik Siebert, an interim U.S. attorney who stepped down under pressure from the Trump administration to pursue charges against Comey and James.
Comey, a Republican appointed by Democratic President Barack Obama, had clashed with Trump over the investigation into Russian interference in the 2016 election before being fired by Trump. James had won a significant judgment against Trump in a fraud lawsuit related to his real estate holdings.
Both Comey and James have vowed to continue fighting against the charges, maintaining their innocence and denouncing the prosecutions as baseless and politically motivated.