"KILMEADE: Well, in just over an hour, FBI Director James Comey's case is back in court as he fights charges of obstruction of justice and lying to Congress. Also in the courtroom, New York State Attorney General Letitia James's attorneys, after she was charged separately with mortgage fraud. They're both arguing that interim U.S. Attorney Lindsey Halligan, who brought the charges, is serving in her post illegally because she served longer than 120 days, must be confirmed by the Senate."
"Well, they do, Brian, and this really isn't any fault of Lindsey Halligan's. The statute that she was appointed as interim U.S. Attorney under allows the president, or through the attorney general, to appoint an interim U S attorney for 120 days. And by the time Halligan got the job, her predecessor, Erik Siebert, had already served the 120 days, so they have a good argument that she's probably not qualified under that statute."
FBI Director James Comey's case returned to court on charges of obstruction and lying to Congress while New York Attorney General Letitia James faces separate mortgage-fraud charges. Both Comey and James contend interim U.S. Attorney Lindsey Halligan served beyond the 120-day statutory interim limit and therefore is improperly serving and must be confirmed by the Senate. The governing statute permits 120-day interim appointments. Halligan's predecessor had already used that 120-day period before Halligan took the post. The Justice Department contends prosecutorial authority flows from the DOJ and attorney general and attempted a backdated special-attorney appointment.
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