Judge dismisses Comey, James indictments after finding that prosecutor was illegally appointed
A federal judge on Monday dismissed the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, concluding that the prosecutor who brought the charges at President Donald Trump’s urging was illegally appointed by the Justice Department.
The rulings from US District Judge Cameron McGowan Currie halt at least for now a pair of prosecutions that had hastened concerns that the Justice Department was being weaponized to pursue the president’s political adversaries and amount to a stunning rebuke of the Trump administration’s legal maneuvering to install a loyal, and inexperienced, prosecutor willing to file the cases.
The orders make Lindsey Halligan the latest Trump administration prosecutor to be disqualified because of the manner in which they were appointed. Both defendants had asked for the cases to be dismissed with prejudice, meaning that the Justice Department would not be able to bring them again. But the judge instead dismissed them without prejudice, though it was not immediately clear if or how the Justice Department might attempt to revive the prosecutions.
The challenge to Halligan’s appointment was one piece of a multiprong assault on the indictments by both Comey and James, who had each sought to have their cases dismissed on grounds that the prosecutions were vindictive. Comey’s lawyers had also seized on irregularities in the grand jury process in seeking to get the prosecution thrown out. Each of those requests remains pending.
