Federal Judge Dismisses Comey and James Indictments
Published by The Lawfare Institute
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On Nov. 24, a judge for the United States District Court for the Eastern District of Virginia ruled to invalidate the criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James.
In two separate opinions, U.S. District Judge Cameron Currie dismissed the cases against Comey and James, finding that interim U.S. Attorney Lindsey Halligan “had no lawful authority” to present the indictments. Halligan, a former Trump aide, was appointed by the U.S. attorney general after her predecessor, Erik Siebert, reportedly expressed reluctance to pursue charges against Comey. Comey faced a two-count indictment on charges of making false statements to Congress and obstructing a congressional proceeding. James was indicted on charges of bank fraud and making false statements to a financial institution.
In both opinions, Judge Currie outlined the legal and factual background surrounding Halligan’s appointment, ultimately determining that the interim attorney “was unlawfully appointed in violation of 28 U.S.C. § 546 and the Constitution’s Appointments Clause.”
The opinion comes after James and Comey filed similar motions challenging the validity of Halligan’s appointment, prompting the judges in each case to consolidate the motions for determination by Judge Currie.
You can read the orders here, here, and below:
