A federal judge has thrown out criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the prosecutor who brought the indictments was not lawfully appointed.
Judge Cameron Currie found that Lindsey Halligan, selected by President Donald Trump to pursue charges against two of his political adversaries, was never legally eligible to serve in the role she used to present the cases.
Both Comey and James have consistently denied wrongdoing and characterized the prosecutions as politically motivated.
In a statement to the BBC after the ruling, the White House said: “The facts of the indictments against Comey and James have not changed and this will not be the final word on this matter.”
Trump has repeatedly criticized both figures, at one point posting on social media that “They’re all guilty as hell,” and later insisting that “JUSTICE MUST BE SERVED, NOW!!!”
In her decision on Monday, Judge Currie wrote that Halligan, a former White House aide with no prior experience prosecuting cases, lacked the authority to bring the charges before a grand jury.
“All actions flowing from Ms Halligan’s defective appointment, including securing and signing Mr Comey’s indictment, were unlawful exercises of executive power and are hereby set aside,” Currie ruled.
Halligan had been tapped to replace Erik Siebert, an interim U.S. attorney who resigned in September following pressure from the Trump administration to bring charges against both Comey and James.
Judge Currie concluded that Halligan’s appointment violated the statute governing interim U.S. attorneys. Under that law, the attorney general has 120 days to make an interim appointment — a clock that started on 21 January when Siebert was designated, she noted.
When that 120-day period ended on 21 May, the attorney general’s authority to name an interim replacement expired as well, Currie wrote. As a result, Halligan “has been unlawfully serving in that role” since her 22 September appointment.
The cases were dismissed “without prejudice,” which means the Department of Justice could seek to refile the charges in the future.
White House Press Secretary Karoline Leavitt said the Justice Department would move to appeal the dismissals of the Comey and James cases “very soon.” She said the administration maintains that Halligan was properly appointed and accused Judge Currie of “trying to shield” Comey and James.
After the ruling, Comey said he was relieved that a prosecution “based on malevolence and incompetence” had ended, but added that “Trump will probably come after me again.”
Comey, who led the investigation into Russian interference in the 2016 presidential election, was fired by Trump during his first term. He was later charged in September with making false statements and obstruction of justice after Trump demanded his prosecution and installed a new federal prosecutor to pursue the case.
James called the ruling “heartening” and said in a statement that she was encouraged by “today’s victory.”
“I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day,” she said.
James had been facing federal charges of bank fraud and making false statements to a financial institution. She previously pursued legal action against Trump before his re-election, and subsequently became one of the administration’s frequent targets.
