A federal judge dismissed the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James Monday, finding that interim US Attorney Lindsey Halligan was improperly appointed to her position and “had no lawful authority” to present the indictments of either of President Trump’s longtime enemies.
Attorneys for both Comey and James had argued that Halligan had to be confirmed by the Senate after Attorney General Pam Bondi used up her allotted 120-day interim appointment on Erik Siebert, who resigned after President Trump publicly criticized him for not bringing charges against the former head of the FBI.
Both indictments were dismissed without prejudice, which typically means that the cases can be brought again.
However, the ruling by senior US District Judge Cameron Currie comes after the expiration of the five-year statute of limitations against Comey, meaning the case against him cannot be reopened.
Monday’s order will likely prompt an appeal process that could lead to three other prominent acting US attorneys — New Jersey’s Alina Habba, Sigal Chattah of Nevada and Bill Essayli of Los Angeles — leaving their posts.
All three have been in the job for more than 120 days, and have not been confirmed.
Lawyers for Comey and James didn’t immediately return requests for comment Monday. A spokesperson for Halligan’s office also did not respond to a request for comment.
This is a developing story, refresh for updates.
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