"But Halligan's tenure has been mired in controversy, reaching new highs on Monday when U.S. District Judge Cameron McGowan Currie ruled in dual opinions that Halligan's appointment was unlawful. The judge found that Halligan's appointment violated a federal statute that limits interim U.S. attorneys to 120 days in the role, because Siebert had been in that acting role since January. After 120 days without a Senate confirmation, only district courts not the Attorney General can fill a vacancy."
"Currie wrote that Halligan, whom she describes as "a former White House aide with no prior prosecutorial experience," had "no lawful authority to present the indictment" against Comey or James. Because Halligan's was the only signature on those documents, they are rendered invalid. "All actions flowing from Ms. Halligan's defective appointment, including securing and signing Mr. Comey's indictment, were unlawful exercises of executive power and are hereby set aside," Currie wrote."
A federal judge dismissed the Justice Department's cases against former FBI Director James Comey and New York Attorney General Letitia James after ruling that the prosecutor overseeing them, Lindsey Halligan, was unlawfully appointed. Lindsey Halligan, a 36-year-old former insurance attorney and former White House aide who served as one of President Trump's personal lawyers, was named acting U.S. attorney for the Eastern District of Virginia after Erik Siebert resigned. The judge found Halligan's appointment violated a statute limiting interim U.S. attorneys to 120 days and ruled she had no lawful authority to present the indictments, rendering those documents invalid. The Justice Department may appeal.
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