US judge tosses out criminal cases against ex-FBI chief James Comey, New York A-G Letitia James
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Former FBI director James Comey (left) and New York Attorney-General Letitia James have argued that the cases are “vindictive” prosecutions.
PHOTOS: REUTERS
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WASHINGTON - A federal judge on Nov 24 dismissed criminal charges against former FBI director James Comey and New York Attorney-General Letitia James, finding that the US Attorney hand-picked by President Donald Trump to bring the cases was unlawfully appointed in a ruling that dealt a major blow to the Justice Department’s efforts to pursue perceived political enemies of the president.
The ruling throws out two cases Mr Trump had publicly called for as he pressured Justice Department leaders to move against high-profile figures who had criticised him and led investigations into his conduct.
Ms Lindsey Halligan, a former personal lawyer to Mr Trump, was named interim US Attorney for the Eastern District of Virginia in September to take over both investigations despite having no previous prosecutorial experience.
The findings by US District Judge Cameron McGown Currie come after both Mr Comey and Ms James accused the Trump Justice Department of violating the US Constitution’s appointment clause and federal law by appointing Ms Halligan in September.
Ms Currie found that Ms Halligan “had no legal authority” to bring indictments against either Mr Comey or Ms James. But Ms Currie dismissed the cases “without prejudice,” giving the Justice Department an opportunity to refile the cases with a different prosecutor at the helm.
Mr Trump ordered Attorney-General Pam Bondi to install Ms Halligan to the post after her predecessor Erik Siebert declined to pursue charges against Mr Comey or Ms James, citing a lack of credible evidence in both cases.
Shortly after her appointment, Ms Halligan alone secured indictments against Mr Comey and Ms James after other career prosecutors in the office refused to participate.
Mr Comey has pleaded not guilty to charges of making false statements and obstructing Congress
Attorneys for Mr Comey and Ms James argued that Ms Halligan’s appointment violated a federal law they said limits the appointment of an interim US attorney to one 120-day stint.
Repeated interim appointments would bypass the US Senate confirmation process and let a prosecutor serve indefinitely, they said. Mr Siebert previously had been appointed by Ms Bondi for 120 days and was then re-appointed by the US District Court for the Eastern District of Virginia, since the Senate had not yet confirmed him in the role.
Lawyers for the Justice Department argued the law allows the attorney-general to make multiple interim appointments for US Attorneys. Still, Ms Bondi sought to shore up the cases by separately installing Ms Halligan as a special attorney assigned to both prosecutions. In that same document, she also said she ratified the indictments.
The challenge to Ms Halligan’s appointment was one of several efforts lawyers for Mr Comey and Mr James have made to have the cases against them thrown out before trials. Both also argued that the cases are “vindictive” prosecutions motivated by Mr Trump’s animosity.
At a hearing on Nov 13, Ms Currie repeatedly raised doubts about why the Justice Department felt it was necessary to take that step if it believed Ms Halligan’s appointment was lawful. REUTERS
