WASHINGTON--A federal judge on Monday dismissed criminal charges against two perceived adversaries of President Donald Trump, FBI Director James Comey and New York Attorney General Letitia James, ruling the U.S. attorney he hand picked to prosecute them was unlawfully appointed.
The ruling throws out two cases Trump had publicly called for as he pressured Justice Department leaders to move against high-profile figures who had criticized him and led investigations into his conduct.Lindsey Halligan, a former personal lawyer to Trump, was named interim U.S. Attorney for the Eastern District of Virginia in September to take over both investigations despite having no previous prosecutorial experience.
The findings by U.S. District Judge Cameron McGowan Currie come after both Comey and James accused the Trump Justice Department of violating the U.S. Constitution's Appointments Clause and federal law by appointing Halligan in September.
Currie found that Halligan "had no legal authority" to bring indictments against either Comey or James. But Currie dismissed the cases "without prejudice," giving the Justice Department an opportunity to seek new indictments with a different prosecutor at the helm.
"All actions flowing from Ms. Halligan’s defective appointment," Currie wrote, were "unlawful exercises of executive power and are hereby set aside."
“I am heartened by today’s victory and grateful for the prayers and support I have received from around the country," James said in a statement. Her attorney, Abbe Lowell, said James would "continue to challenge any further politically motivated charges through every lawful means available.”
"I'm grateful that the court ended the case against me, which was a prosecution based on malevolence and incompetence and a reflection of what the Department of Justice has become under Donald Trump," Comey said in a video posted to Instagram.
White House press secretary Karoline Leavitt said the Justice Department would appeal the ruling, accusing the judge of trying to shield Comey and James from accountability.“Lindsey Halligan was legally appointed, and that's the administration's position," Leavitt told reporters at the White House.
It is unclear if prosecutors could seek to bring a new case against Comey over the same conduct. The five-year statute of limitations on the charges expired on September 30 and Comey's lawyers have already indicated in court filings that they do not believe prosecutors have more time to refile the charges.
