Judge Dismisses Comey, James Indictments on Appointment Issue

A federal judge in Virginia dismissed criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James on Monday, ruling that the interim U.S. attorney who brought the charges lacked constitutional authority due to an improper appointment by the Justice Department.

U.S. District Judge Cameron McGowan Currie issued separate but consolidated orders invalidating the cases, finding that Lindsey Halligan's appointment as interim U.S. attorney for the Eastern District of Virginia violated federal law under 28 U.S.C. 546 and the Appointments Clause of the Constitution. Halligan, a former White House aide with no prior prosecutorial experience, had signed both indictments herself. The judge declared all actions stemming from her appointment, including the securing of the charges, unlawful and set aside any subsequent attempts by the Justice Department to ratify them.

The dismissals came after defense attorneys for Comey and James argued that Halligan's role went beyond prior cases involving disqualified interim prosecutors. In other instances, such as in New Jersey, Los Angeles and Nevada, courts had removed interim U.S. attorneys but allowed...