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Judge dismisses James Comey and Letitia James cases, finding prosecutor's appointment invalid

Always in His Presence

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Judge dismisses James Comey and Letitia James cases, finding prosecutor's appointment invalid

Washington — A federal judge on Monday ordered the criminal charges against former FBI Director James Comey and New York Attorney General Letitia James to be dismissed on the grounds that Lindsey Halligan, the interim U.S. attorney who secured their indictments, was unlawfully appointed to the role.​
The rulings from U.S. District Judge Cameron Currie are a significant victory for Comey and James, who both argued their prosecutions are retaliatory and motivated by President Trump's efforts to punish his political foes.​
"I conclude that all actions flowing from Ms. Halligan's defective appointment, including securing and signing Mr. Comey's indictment, constitute unlawful exercises of executive power and must be set aside," Currie wrote in her opinion in the Comey case, a line that she repeated in her ruling in the James case.​
Currie ordered the indictments to be dismissed without prejudice, which would allow prosecutors to seek charges again. She suggested that prosecutors could not seek a new indictment in Comey's case since the statute of limitations for the offenses expired at the end of September.

Don't cheer too quickly -
 

comana

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That progressive liberal judge doesn't know the facts. She made a political decision instead of a lawful decision.
Bold of you to assume a judge doesn’t know how the law applies to these cases.
 
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Vambram

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Bold of you to assume a judge doesn’t know how the law applies to these cases.
 
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comana

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Karoline Leavitt is paid to lie for Trump and defend all things Trump. Anything out of her mouth should be immediately dismissed as false.
 
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Vambram

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Karoline Leavitt is paid to lie for Trump and defend all things Trump. Anything out of her mouth should be immediately dismissed as false.
You could not be more incorrect if you tried.
 
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comana

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You could not be more incorrect if you tried.
I am not incorrect. I will, though, give her credit for being highly talented at what she does, though I suspect it will wear on her before 4 years are up. Trump press secretaries rend to burn out.
 
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Vambram

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I am not incorrect. I will, though, give her credit for being highly talented at what she does, though I suspect it will wear on her before 4 years are up. Trump press secretaries rend to burn out.
She ain't a liar.
 
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essentialsaltes

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She ain't a liar.
She isn't a lawyer, much less a judge, so I'll trust the JD over the BA in Communications when it comes to interpreting the law.
 
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wing2000

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Hey,

Judge dismisses James Comey and Letitia James cases, finding prosecutor's appointment invalid

Washington — A federal judge on Monday ordered the criminal charges against former FBI Director James Comey and New York Attorney General Letitia James to be dismissed on the grounds that Lindsey Halligan, the interim U.S. attorney who secured their indictments, was unlawfully appointed to the role.​
The rulings from U.S. District Judge Cameron Currie are a significant victory for Comey and James, who both argued their prosecutions are retaliatory and motivated by President Trump's efforts to punish his political foes.​
"I conclude that all actions flowing from Ms. Halligan's defective appointment, including securing and signing Mr. Comey's indictment, constitute unlawful exercises of executive power and must be set aside," Currie wrote in her opinion in the Comey case, a line that she repeated in her ruling in the James case.​
Currie ordered the indictments to be dismissed without prejudice, which would allow prosecutors to seek charges again. She suggested that prosecutors could not seek a new indictment in Comey's case since the statute of limitations for the offenses expired at the end of September.

Don't cheer too quickly -

Hey, at least this will save Ms Halligan further embarrassment....

[edit] or not?


“We have made Lindsey Halligan a special US Attorney, so she is in court, she can fight in court just like she was,” Bondi said. “Lindsey Halligan is an excellent US attorney. And shame on them for not wanting her in office.”

 
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GoldenBoy89

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She ain't a liar.
She doesn’t need to be. Her job is to be biased towards the administration and defend their position no matter what. That’s not a reliable source.
 
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JSRG

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That progressive liberal judge doesn't know the facts. She made a political decision instead of a lawful decision.
And what "facts" does she not know?

Now, in response to the above post I just quoted, someone else responded with "Bold of you to assume a judge doesn’t know how the law applies to these cases". Now, the proper thing to respond to that would be to explain the facts you claim the judge doesn't know and explain why the decision was wrong. Instead of doing that, you responded with:
But this offers no actual rebuttal. Let's look at what the article quotes Leavitt as saying:

Well, what I will say, is that everybody knows that James Comey lied to Congress. It’s as clear as day, and this judge took an unprecedented action to throw these cases out to shield James Comey and Letitia James from accountability based on a technical ruling, and the administration disagrees with that technical ruling.

We believe the attorney in this case, Lindsay Halligan, is not only extremely qualified for this position, but she was, in fact, legally appointed, and I know the Department of Justice will be appealing this in very short order, so maybe James Comey should pump the brakes on his victory lap.


Leavitt offers no explanation as to why the appointment was legal; she simply asserts it. That's not a counterargument at all. So what you are apparently holding up as a counterargument is someone who makes no actual counterargument whatsoever. Maybe if Leavitt was some kind of super lawyer she could work as an appeal to authority, but she's not a lawyer at all. Further, she's an extraordinarily biased source--her job more or less is to defend whatever the position of the administration is, so her defending something they did is to be expected; one might as well say "the defense lawyer for someone said they weren't guilty? Well, case closed, then!" Leavitt incidentally does not make herself look credible when she she claims Halligan is "extremely qualified" for the position when Halligan has little if any experience in criminal law and had never prosecuted a case before.

To return to the complaint that the decision came because it was by a "progressive liberal judge", here's Andrew C. McCarthy, a conservative former prosecutor, agreeing that the appointment was improper:

It is behind a metered paywall so it might not be possible to view if you've read too many other articles there recently, but to quote the most important part which serves as a good summary of the problems with Halligan's appointment:

Not to toot my flute here, but back on November 15, I told you this would happen (“Expect the Comey and James Indictments to Be Dismissed Without Prejudice”). The problem is twofold.

First, the statute that governs interim U.S. attorney appointments, Section 546 (of Title 28, U.S. Code), provides for a single 120-day interim period. Prior to Halligan’s being installed by Attorney General Pamela Bondi on September 22, 2025, at the direction of President Trump, her predecessor, Erik Siebert, had served a 120-day interim term. Siebert was banished by Trump over his refusal to charge Comey and James, concluding there was insufficient evidence.

As I’ve also previously explained, Bondi tried to cure this patent problem by naming Halligan a “special attorney” and backdating that designation to the start of her tenure. But she didn’t do that until October 31. By then, Halligan had indicted Comey on September 25 and James on October 9. The backdating couldn’t work because, at the time of the indictments, Halligan did not formally have the “special” status and the accompanying delegation of prosecutorial authority from Bondi.

Second (and as further explained here), Bondi’s status might not have required dismissal if she had assigned properly commissioned subordinates — “line prosecutors” known as assistant U.S. attorneys — to present the cases and sign the indictments. Authority to prosecute comes from the attorney general, not the district U.S. attorney. Halligan decided, however, to handle the grand jury presentations and sign the indictments herself, acting unilaterally with no assistance from subordinates. Hence, since she lacked prosecutorial authority at the time, the indictments were not legitimate.


Whatever one thinks of Andrew C. McCarthy, he isn't a "progressive liberal"; he's a pretty staunch conservative. His most recent book, published in 2019, was "Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency" (asserting that the Clinton campaign and Obama administration tried to rig the 2016 election against Trump). And yeah, sure, he's become a lot more critical of Trump in recent years, but he's given various defenses of Trump too (for example, he was extremely critical of Alvin Bragg's prosecution of Trump, see here for one of the many articles he wrote criticizing that case). Also note that unlike Leavitt, the non-lawyer who simply asserted with no explanation that the appointment was legitimate, McCarthy actually did explain his points (as did the judge in question for that matter; the opinion is available here if anyone wants to read it).
 
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