A federal judge dismissed the cases against former FBI Director James Comey and New York Attorney General Letitia James Monday.
Senior U.S. District Judge Cameron Currie dismissed the two indictments, ruling that President Donald Trump’s former personal lawyer Lindsey Halligan was invalidly appointed to her position.
‘No one is above the law.’
Currie said that “all actions flowing from Ms. Halligan’s defective appointment” to serve as interim U.S. attorney for the Eastern District of Virginia “were unlawful exercises of executive power and hereby set aside.”
Prosecutors who work alongside Halligan said U.S. Attorney General Pam Bondi has the authority to choose whom to appoint to the position and that the 120-day period interim U.S. attorneys serve operates as a temporary check-in system for appointees.
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“The implications of a contrary conclusion are extraordinary,” Currie said of Halligan’s appointment. “It would mean the government could send any private citizen off the street — attorney or not — into the grand jury room to secure an indictment so long as the Attorney General gives her approval after the fact. That cannot be the law.”
Currie dismissed the cases without prejudice, keeping the door open for the cases to be refiled, though whether they will be remains unclear. The Department of Justice may also opt to appeal Currie’s decision. Blaze News reached out to Bondi’s office for comment.
Comey was indicted in September for “serious crimes related to the disclosure of sensitive information,” with the Department of Justice alleging that the former director lied to Congress.
“No one is above the law,” Bondi said in a statement following the indictment. “Today’s indictment reflects this Department of Justice’s commitment to holding those who abuse positions of power accountable for misleading the American people. We will follow the facts in this case.”
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James was indicted shortly after Comey in October over allegations of bank fraud and providing false statements to a financial institution. If James had been convicted, she would have faced up to 30 years in prison and up to $1 million in fines on each count.
“The charges as alleged in this case represent intentional, criminal acts and tremendous breaches of the public’s trust,” Halligan said in a statement following the indictment. “The facts and the law in this case are clear, and we will continue following them to ensure that justice is served.”
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