Judge dismisses charges against NY AG Letitia James

"The filings detail that Halligan, a former White House aide, was the sole prosecutor who presented the case to the grand jury and had no prior prosecutorial experience. The court also ruled that U.S. Attorney General Pam Bondi exceeded her authority in appointing Halligan because, under federal law, the AG's power to appoint an interim U.S. attorney expires after 120 days. After that period, only the district court may make interim appointments."

"Because of that, Halligan had no lawful authority when she presented evidence to the grand jury and signed the indictment, Currie wrote. All actions flowing from her appointment, including the indictment, were declared invalid. As a result, Currie wrote that James' indictment, as well as the indictment against former FBI Director James Comey, would be dismissed without prejudice. Prosecutors could refile charges in the future through a lawfully appointed official."

"Until a new U.S. attorney is confirmed by the Senate, the court holds the authority to make any interim appointment for the district. James was indicted in October on one count of bank fraud and one count of making a false statement to a financial institution following an extensive mortgage fraud investigation. Comey was charged with making false statements to Congress and obstructing a congressional investigation. Both have denied the allegations."

A court ruled that Halligan, a former White House aide and the sole prosecutor who presented the case to the grand jury, had no prior prosecutorial experience. The court found that Attorney General Pam Bondi exceeded her authority because federal law limits the AG's interim appointment power to 120 days, after which only the district court may appoint an interim U.S. attorney. Because Halligan was installed after that period, her actions, including presenting evidence and signing indictments, were invalid. Indictments against James and former FBI Director James Comey were dismissed without prejudice, though prosecutors may refile through a lawfully appointed official.

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