25-11-25, 05:25
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#112
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Judge Throws Out James Comey/Letitia James Cases -Trump Attorney is ILLEGAL
FED Judge Throws Out Criminal Cases Against James Comey And Letitia James
Judge says interim US attorney for eastern district of Virginia had no lawful authority to indict former FBI director and New York attorney general
The Guardian 25 NOV 2025
A federal judge threw out the criminal cases against James Comey and Letitia James on Monday, concluding that the prosecutor handling the cases was unlawfully appointed
Lindsey Halligan, who Trump named the interim US attorney for the eastern district of Virginia in September, had NO lawful authority to present the indictment against the former FBI director and New York attorney general, Judge Cameron McGowan Currie, wrote in her opinion
I conclude that the attorney generals attempt to install Ms Halligan as Interim US attorney for the eastern district of Virginia was invalid and that Ms Halligan has been unlawfully serving in that role since September 22, 2025, Currie, who was appointed to the bench by Bill Clinton, wrote in her opinion. She added that all actions flowing from Ms Halligans defective appointment were unlawful exercises of executive power and must be set aside
The decision is a major win for Comey, who was charged with lying to Congress five years ago, and James, who was charged with mortgage fraud. Both unequivocally denied wrongdoing and said the cases were a thinly veiled effort by the Trump administration to punish them for opposing Trump.
I am heartened by todays victory and grateful for the prayers and support I have received from around the country, James said in a statement. I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.
Comey also praised the decision.
Im grateful that the court ended the case against me which was a prosecution based on malevolence and incompetence, he said in a recorded video. This case mattered to me personally, obviously, but it matters most because a message has to be sent that the president of the United States cannot use the Department of Justice to target his political enemies.
I know that Donald Trump will probably come after me again and my attitude is gonna be the same. Im innocent, I am not afraid, and I believe in an independent federal judiciary, he added.
US attorneys must be confirmed by the Senate. Federal law allows the attorney general to appoint someone to serve on an acting basis for 120 days while a nomination is pending. Once that 120 day period is up, the law allows the judges on the district court where the prosecutor handles cases to appoint a top prosecutor.
Halligans predecessor, Erik Siebert, began serving in the role on an interim basis in January. In May, at the end of the 120 day period, the judges in the eastern district of Virginia chose to extend his appointment. In September, Siebert was forced out of his role as it reportedly determined there was insufficient evidence to charge James with a crime.
Trump installed Halligan, a White House aide with no prosecutorial experience in the role and Comey was indicted on charges of lying to Congress days later. Halligan then indicted James on allegations of mortgage fraud shortly after that.
The Trump administration argued that the attorney general could simply revisit someone new every 120 days, but Currie said that would simply allow the attorney general to indefinitely appoint someone on an interim basis. The text, structure, and history of the law do not support the governments argument she wrote.
Currie dismissed both cases without prejudice, which means the government could theoretically try to bring the charges again under a properly appointed US attorney.
But it is unclear if they could even do that in Comeys case because the statute of limitations for the crime he is charged with passed on 30 September 2025
AND.....Doesnt look good for her - Halligan gets warning she could now be disbarred
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