In a dramatic turn of events, the U.S. Justice Department has filed appeals to reverse the dismissal of criminal cases against former FBI Director James Comey and New York Attorney General Letitia James. The move follows a federal judge’s ruling that the prosecutor who secured the indictments was unlawfully appointed.
The Judge’s Decision
U.S. District Judge Cameron Currie issued the ruling last month, stating that Lindsey Halligan- a former White House aide and first-time prosecutor-was never eligible to serve as the U.S. attorney for the Eastern District of Virginia. Currie declared that “all actions flowing from” Halligan’s installation, including the indictments against Comey and James, “constitute unlawful exercises of executive power and must be set aside.” The decision invalidated the charges that had been brought against the two Trump adversaries.
Background of the Indictments
Comey faced false statements and obstruction charges that stemmed from testimony he gave Congress in 2020. These charges were filed days before the statute of limitations on the counts were set to expire. His son-in-law, who worked as a prosecutor in the office, resigned in protest shortly after Halligan took the helm.
Letitia James was charged weeks later with mortgage-fraud allegations linked to her plans for a Virginia home and whether she lied about them, allowing her to obtain favorable loan terms. Both cases were dismissed after Currie found Halligan’s appointment defective.
Halligan’s Appointment and the 120-Day Clock
Halligan assumed the role after the previous top prosecutor, Erik Siebert, resigned rather than yield to pressure to indict Comey and James. The judge ruled that a 120-day clock on interim appointments had expired during Siebert’s tenure, meaning the authority to pick a replacement falls with the district’s federal judges until a nominee is Senate-confirmed.
Efforts to Revive the Cases
Weeks before the dismissal, prosecutors attempted to revive the cases through other means. Two federal grand juries in different Virginia courthouses refused to re-indict James. A key figure in Comey’s prosecution successfully blocked prosecutors from accessing his emails and data that were key to the charges. Court filings this week revealed that federal prosecutors also tried to persuade a grand jury to tack a third felony charge onto the second failed indictment of James last week, but they fell short.
Both Trump foes denied wrongdoing, labeling the charges as selective and vindictive prosecutions at the president’s direction.
The Trump Administration’s Nomination
The Trump administration last week submitted Halligan’s formal nomination to the Senate Judiciary Committee, according to paperwork obtained by The Hill. The upper chamber’s approval would make permanent her role as the district’s top prosecutor. However, Virginia’s Democratic senators-whose input is critical given the Senate’s blue-slip tradition that lets home-state senators veto presidential nominees to U.S. attorney offices and district courts-expressed skepticism about her outlook.
Sen. Mark Warner told reporters that the pair would send Trump “qualified nominees” for the position. Sen. Tim Kaine said Halligan had never reached out to them to request a meeting, suggesting the administration sought to “end-run the Senate and end-run the judiciary.”
Other Disqualifications and Resignations
The blue-slip practice has enraged Trump, as several of his most loyal U.S. attorneys have faced disqualification for remaining beyond their interim terms due to stalling Senate approval. Last week, Alina Habba, disqualified as U.S. attorney for New Jersey, announced she would leave her position after a panel of federal appeals court judges affirmed she was unlawfully serving in the role. Delaware GOP chair-turned-top federal prosecutor Julianne Murray announced her resignation as well.
The onetime U.S. attorneys for Nevada and the district covering Los Angeles, Sigal Chattah and Bill Essayli, have also been disqualified by judges, and challenges to the installations of John Sarcone III and Ryan Ellison, who hold the roles in the Northern District of New York and New Mexico, are pending.
Key Takeaways
- The Justice Department is appealing the dismissal of cases against James Comey and Letitia James after Judge Currie ruled the prosecutor was unlawfully appointed.
- Halligan’s appointment was invalidated because the 120-day interim-appointment clock had expired during Siebert’s tenure.
- The administration’s nomination of Halligan to the Senate Judiciary Committee faces skepticism from Virginia’s Democratic senators.
The appeals underscore the legal and political complexities surrounding prosecutorial appointments and the ongoing scrutiny of executive influence over federal investigations.
Closing
As the Justice Department seeks to overturn the dismissal, the legal community watches closely to see whether the court will uphold the judge’s decision or whether the administration will find another path to pursue the cases. The outcome will have significant implications for the balance of power between the executive branch, the judiciary, and the Senate’s role in confirming U.S. attorneys.
Updated at 7:30 p.m. EST.
