A federal judge has dismissed criminal cases against former FBI Director James B. Comey and New York Attorney General Letitia James, ruling that the prosecutor who brought the charges was unlawfully appointed. The decision basically rejects the Trump administration’s attempt to go after two of its major critics.
U.S. District Judge Cameron McGowan Currie concluded on Monday that interim U.S. Attorney Lindsey Halligan lacked legal authority to bring the cases. Trump gave the job to Halligan after the previous official chose not to bring charges.
“I conclude that all actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, constitute unlawful exercises of executive power and must be set aside,” she wrote.
Because Halligan was “defectively appointed,” Judge Currie wrote that all actions stemming from her appointment, including the indictments, were “unlawful exercises of executive power” and must be set aside.
Comey had faced two counts, making false statements to Congress and obstructing a congressional proceeding, tied to his 2020 Senate testimony about leaks to the news media. James had been charged with bank fraud and making false statements to a financial institution, which was related to statements she made when purchasing a home in Norfolk, Virginia.
Their legal teams argued that the prosecutions were motivated by politics, not evidence. Comey described the case against him as “a prosecution based on malevolence and incompetence.” James, through her attorney, called the charges baseless and vowed to fight any future attempts to refile.
“I am grateful that the court ended the case against me, which was a prosecution based on malevolence and incompetence and a reflection of what the Justice Department has become under Donald Trump, which is heartbreaking,” Comey said in a video statement.
“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 separate statement. She also said she remained “fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.”
Justice Department officials, including Attorney General Pam Bondi, quickly spoke of plans to appeal, arguing Halligan was qualified and her appointment was legal. “She can fight in court just like she was and we believe we will be successful on appeal,” Bondi said.
Monday’s decision showed that the Justice Department still has to follow proper procedures, even in political cases. The judge said the rules for choosing prosecutors have to be respected. Because the cases were dismissed “without prejudice,” they could be brought again later by a properly appointed prosecutor.
