A federal judge on Monday threw out the Justice Department’s criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, finding that the acting U.S. attorney who obtained the indictments was unlawfully appointed.
U.S. District Judge Cameron McGowan Currie concluded that Lindsey Halligan’s appointment as acting U.S. attorney for the Eastern District of Virginia was defective. Currie said all actions that flowed from Halligan’s appointment, including the indictments of Comey and James, were unlawful exercises of executive power and were set aside. Currie was nominated to the bench by former President Bill Clinton.
The dismissals were entered without prejudice, leaving the Justice Department the option to seek new charges. The White House said it disagrees with the ruling and will appeal; press secretary Karoline Leavitt called Halligan “extremely qualified,” defended the prosecutions, and on television accused Comey of lying to Congress.
Halligan, who previously worked as an insurance attorney, briefly served as President Trump’s personal lawyer and later as a White House aide. She was sworn in as acting U.S. attorney on Sept. 22 after the prior top prosecutor for the district was removed; that predecessor had reportedly expressed doubts about bringing the cases. Halligan had no prior prosecutorial experience.
Three days after being sworn in, Halligan presented a two-count indictment against Comey, just before the statute of limitations was set to expire. Comey pleaded not guilty. He posted a video after the ruling saying he was grateful the court ended what he called a politically motivated prosecution; his lawyer, Patrick Fitzgerald, said the decision confirms the charges were brought by someone without authority to act and indicated the statute of limitations has now run, meaning refiling would be impossible.
About two weeks after the Comey indictment, Halligan obtained an indictment of New York Attorney General Letitia James on charges of bank fraud and making false statements to a financial institution. James has pleaded not guilty and said she will remain fearless and continue fighting for New Yorkers. Her attorney, Abbe Lowell, said they would contest any renewed charges and accused the administration of installing an ally to pursue politically motivated cases after career prosecutors declined.
Prosecutors have said Halligan was the only government lawyer to present evidence to the grand juries in both matters. In the days before Halligan’s appointment, President Trump publicly urged the Justice Department to prosecute Comey, James and Senator Adam Schiff; Schiff is not charged, though he is being investigated separately on mortgage-related allegations.
NPR’s Carrie Johnson contributed to this report.