A federal judge on Monday dismissed the indictments against former FBI Director James Comey and New York Attorney General Letitia James.
The judge wrote that U.S. attorney Lindsay Halligan was appointed illegally and that, therefore, all actions taken after her appointment, including securing and signing the indictments, were unlawful.
“I agree with Mr. Comey that the Attorney General’s attempt to install Ms. Halligan as Interim U.S. Attorney for the Eastern District of Virginia was invalid,” wrote Judge Cameron McGowan Currie. “And because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment without prejudice.”
Currie, who former President Bill Clinton appointed, heard arguments on the motions to dismiss from the attorneys for Comey and James nearly two weeks ago, on November 13, and said she would make her decision by Thanksgiving.
Comey and James’ lawyers argued that Halligan was unlawfully appointed after the former acting U.S. Attorney for the Eastern District of Virginia, Erik Siebert, resigned amid pressure to bring indictments against President Donald Trump’s perceived enemies.
The attorney general first appointed Siebert, and then the district court kept him on after his 120 days expired.
Halligan, a 36-year-old former beauty queen contestant and personal Trump attorney, was appointed by Bondi on September 22 following Siebert’s resignation despite having no previous prosecutorial experience.
Halligan was the lone person to present before the grand jury, which returned an indictment against Comey only days later, on September 25, just days before the statute of limitations was set to expire on September 30.
The former FBI director was charged with two counts, including making false statements to Congress and obstructing a congressional proceeding.
On October 9, James was indicted on charges of bank fraud and making false statements to a financial institution.
But Comey and James’ attorneys argued the law does not give the attorney general the power to appoint a second interim U.S. attorney and that the district court had the exclusive authority to appoint Siebert’s replacement, so Halligan’s appointment was unlawful.
Currie found, based on the law, that if the court-appointed U.S. attorney resigned, the court retains the authority to make the interim appointment.
She also rejected Bondi’s later attempt to ratify Halligan’s actions.
“The president went to extreme measures to substitute one of his allies to bring these baseless charges after career prosecutors refused,” said James’s attorney Abbe Lowell in a statement. “This case was not about justice or the law.”
Because the case was dismissed without prejudice, it leaves the door open to future charges. Lowell said they would continue to challenge any “further politically motivated charges through every lawful means available.”
Comey’s attorney praised the decision and noting because of the statute of limitation “there can be no further indictment” in his case.
“The day when Mr. Comey was indicted was a sad day for our government,” said Patrick Fitzgerald in a statement. “Honest prosecutors were fired to clear a path for an unlawful prosecution. But today an independent judiciary vindicated our system of laws not just of for Mr. Comey but for all American citizens.”
Trump had not yet posted about the decision as of late Monday afternoon. However, the White House indicated the cases were far from over.
“The facts of the indictments against Comey and James have not changed and this will not be the final word on this matter,” said spokesperson Abigail Jackson in a statement.
White House Press Secretary Karoline Leavitt argued there was a judge “who was clearly trying to shield” James and Comey from “receiving accountability.”
Leavitt indicated the Justice Department would be appealing the decision and insisted Halligan was legally appointed. She also argued the president wasn’t targeting James and Comey.
“I wouldn’t say he’s ‘going after’ them. I think the president is more determined than ever to see accountability in this country,” she said in response to a question.
