A federal judge on Monday dismissed the criminal cases against former FBI director James Comey and New York Attorney General Letitia James, dealing a blow to US President Donald Trump’s efforts to prosecute his political opponents.
District Judge Cameron Currie threw out both cases on the grounds that the US attorney handpicked by Trump who brought the charges was unlawfully appointed.
Comey, 64, was charged in September with making false statements to the US Congress and obstructing a congressional proceeding in what was widely seen as retribution by the president against a political opponent.
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James, 67, a Democrat who successfully prosecuted Trump for fraud, was indicted the following month on one count of bank fraud and a second one of making false statements to a financial institution.
Both indictments were brought by Interim US Attorney Lindsey Halligan, who was described by Currie in her dismissal rulings as “a former White House aide with no prior prosecutorial experience.”
Top federal prosecutors are subject to US Senate confirmation and Currie said Halligan had been unlawfully appointed because her predecessor was also serving in an acting capacity and US law does not allow two successive interim prosecutors.
“All actions flowing from Ms Halligan’s defective appointment, including securing and signing Mr Comey’s indictment, were unlawful exercises of executive power,” the judge said. “And because Ms Halligan had no lawful authority to present the indictment, I will grant Mr Comey’s motion and dismiss the indictment without prejudice.”
She made a similar ruling in James’ case.
The Comey and James indictments came after the Interim US Attorney for the Eastern District of Virginia Erik Siebert stepped down after reportedly telling the US Department of Justice there was insufficient evidence to charge them.
Attorney General Pam Bondi replaced Siebert with Halligan, and she secured the indictments.
Dismissing the indictments without prejudice leaves open the possibility of the charges being filed again, although the statute of limitations in the Comey case might have since expired.
Comey and James also sought to have the indictments tossed on the grounds they were a vindictive prosecution. Those arguments were heard by a different judge.
Comey on social media welcomed the dismissal of a case.
“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,” he wrote.
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