A federal judge dismissed the indictments against former FBI Director James Comey and New York Attorney General Letitia James on Monday after finding former Trump attorney Lindsey Halligan was not lawfully appointed.
U.S. District Judge Cameron Currie said that she agreed with Comey, who moved to dismiss the case because Halligan’s appointment was illegal.
“Because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment,” Currie wrote in finding that Halligan lacked the authority to present a case to a grand jury.
“All actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, were unlawful exercises of executive power and are hereby set aside,” the judge wrote.
She issued a separate, similar ruling dismissing the James case.
“This case presents the unique, if not unprecedented, situation where an unconstitutionally appointed prosecutor, ‘exercising power [she] did not lawfully possess,’… acted alone in conducting a grand jury proceeding and securing an indictment,” the ruling said.
Halligan, who was appointed interim U.S. attorney for the Eastern District of Virginia at President Donald Trump’s direction, was the only prosecutor to present the cases and sign the indictments, the indictments should be voided, the judge found.
White House spokeswoman Abigail Jackson said this is not the last word on the case.
“The facts of the indictments against Comey and James have not changed, and this will not be the final word on this matter,” she said.
James released a statement after the charges against her were dropped.
“I am heartened by today’s victory and grateful for the prayers and support I have received from around the country,” she said. “I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.”
Comey was indicted on charges of making a false statement to Congress and obstructing a congressional investigation, while James was indicted on charges of bank fraud and making a false statement to a financial institution.
