Judge tosses Comey, James cases after finding prosecutor unlawfully appointed

"A federal judge on Monday dismissed the Justice Department's criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, finding that the the acting U.S. attorney who secured the indictments against the two prominent critics of President Trump was unlawfully appointed. Trump tapped Lindsey Halligan to serve as acting U.S. Attorney for the Eastern District of Virginia after he pushed out the previous top prosecutor, who had expressed doubts about bringing charges against both Comey and James."

"In her ruling, U.S. District Court Judge Cameron McGowan Currie said "all actions flowing from Ms. Halligan's defective appointment," including the indictments against Comey and James, "were unlawful exercises of executive power and are hereby set aside." The cases were dismissed without prejudice, meaning the Justice Department may be able to bring those cases again."

"Halligan is a former insurance attorney who once served as Trump's personal lawyer before his return to office, when she joined his administration as a White House aide. Halligan, who has no previous prosecutorial experience, was sworn in as acting U.S. attorney on Sept. 22. Three days later, she secured a two-count criminal indictment against Comeyjust days before the statute of limitations expired. He has pleaded not guilty. Two weeks later, Halligan secured an indictment against James on charges of bank fraud and false statements to a financial institution. James, too, has pleaded not guilty."

A federal judge dismissed the Justice Department's criminal cases against former FBI Director James Comey and New York Attorney General Letitia James after finding the acting U.S. attorney who secured the indictments was unlawfully appointed. The court set aside all actions stemming from that defective appointment and dismissed the cases without prejudice, allowing the Justice Department the option to refile. Lindsey Halligan, a former insurance attorney and one-time personal lawyer to the president, had no prior prosecutorial experience and was sworn in as acting U.S. attorney on Sept. 22. Her appointment followed removal of the previous top prosecutor who had expressed doubts about charging the two. President Trump had publicly urged prosecution of Comey and James prior to her swearing-in.

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