NY Attorney General Letitia and Former FBI Director James Comey.
Michael M. Santiago | Cheriss May | Nurphoto | Getty Images
A federal judge in eastern Virginia on Monday dismissed criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, ruling that Lindsey Halligan, the interim U.S. attorney who brought both indictments, was invalidly appointed.
Senior U.S. District Judge Cameron Currie ruled in both cases that Halligan, President Donald Trump’s former personal lawyer, had been installed as prosecutor in violation of the Appointments Clause of the Constitution.
“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,” Currie ruled. An identical line appears in the order scrapping Comey’s case.
The cases were both dismissed “without prejudice,” potentially allowing charges to be filed again at a later date.
The rulings are a major blow to Trump, who had openly pushed Attorney General Pam Bondi to take legal action against Comey, James and other perceived political foes.
Comey was charged in late September on counts of making a false statement and obstruction stemming from his testimony to Congress years earlier.
James was charged in mid-October with bank fraud and making false statements to a financial institution in connection with a mortgage she obtained to buy a home in 2020.
“I am heartened by today’s victory and grateful for the prayers and support I have received from around the country,” James said in a statement following the dismissal. “I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.”
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