DOJ Appeal to Revive James, Comey Cases Faces Court Skepticism

The Department of Justice's appeal to revive criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James faced significant skepticism from federal judges during a hearing on Tuesday. The case centers on whether prosecutor Lindsey Halligan was lawfully appointed when she secured the charges, an issue that led to the dismissals last year. At the U.S. Court of Appeals for the Fourth Circuit, DOJ attorney Henry Whitaker argued that Halligan's appointment was proper under federal law, specifically citing 28 U.S.C. § 546, which allows the attorney general to appoint interim U.S. attorneys during vacancies. He contended that any mistake in her title was harmless and should not invalidate the grand jury's decisions, urging the court to respect the prosecutorial process and revive the fraud and false statement indictments against Comey and James. Attorneys for the defendants countered that Halligan lacked lawful authority, describing her as a private citizen when she signed the indictments and presented the cases to the grand jury.