A federal judge invalidated the criminal cases against James Comey and Letitia James due to the unlawful appointment of the prosecutor, Lindsey Halligan. Judge Cameron McGowan Currie ruled that Halligan, appointed as interim US attorney by the Trump administration, lacked the authority to present the indictments, deeming her appointment invalid. The ruling was a major victory for both Comey and James, who faced charges of lying to Congress and mortgage fraud, respectively, with both denying any wrongdoing. The decision also highlighted concerns about potential political motivations behind the charges and questioned the proper procedures in obtaining the indictments.
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A federal judge dismissed the indictments against James Comey and Letitia James due to the improper appointment of the prosecutor, Lindsey Halligan. Judge Currie agreed with Comey’s motion to dismiss, citing Halligan’s lack of lawful authority to present the indictments, as she lacked prosecutorial experience and was appointed without proper legal procedure. The dismissals were made without prejudice, but the statute of limitations may prevent the cases from being refiled. This decision, which stemmed from concerns about political motivations, may also affect other cases handled by Halligan’s office.
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In a significant legal blow to the Trump administration, a federal judge dismissed criminal cases against James Comey and Letitia James. The ruling stemmed from the judge’s conclusion that the prosecutor, Lindsey Halligan, who brought the charges at President Trump’s urging, was unlawfully appointed by the Justice Department. The dismissals centered on the appointment process of Halligan, a former White House aide, rather than the substance of the allegations against Comey and James. The judge determined that the Justice Department’s appointment of Halligan as interim U.S. attorney was invalid, thus invalidating all actions, including the indictments, that she secured.
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A federal judge ruled to dismiss the criminal charges against James Comey and Letitia James, determining that the interim U.S. attorney who secured their indictments, Lindsey Halligan, was unlawfully appointed. The judge found Halligan’s appointment violated federal law and the Constitution’s Appointments Clause, concluding her service as interim U.S. attorney was invalid since September 22nd. Comey and James’ attorneys had argued Halligan’s appointment was flawed, which the judge agreed with. The Justice Department is expected to appeal the decisions.
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Judge Michael Nachmanoff is expected to determine whether to release the full grand jury record in the case against James Comey, following a magistrate judge’s concerns about the prosecution’s conduct. The magistrate judge’s opinion highlighted potential issues with interim US Attorney Lindsey Halligan’s actions, including concerns of presenting potentially mishandled evidence, misleading the grand jury on the law, and the possibility of unrecorded discussions. Comey’s defense team argues Halligan’s role was to secure an indictment at the behest of former President Donald Trump.
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New York State Attorney General Letitia James pleaded not guilty to bank fraud and false statements charges, which followed public calls for her prosecution from Donald Trump. The indictment alleges James falsely claimed she would use a Virginia home as a secondary residence to obtain favorable loan terms, while actually using it as an investment property. However, the charges were filed by Trump-appointed U.S. attorney Lindsey Halligan over the objections of career prosecutors, who cited insufficient evidence and a lack of material profit by James. James is expected to move to dismiss the indictment, alleging Halligan’s improper appointment and asserting the case should be thrown out as a result.
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In a recent turn of events, former FBI Director James Comey is seeking dismissal of his criminal case, alleging vindictive prosecution driven by President Trump’s hostility. Comey’s legal team has filed motions in federal court, arguing the indictment is flawed, particularly citing the unlawful appointment of the prosecutor, Lindsey Halligan. Furthermore, Comey’s lawyers claim Halligan’s actions should be nullified due to her improper installation, violating federal law. The charges, related to Comey’s 2020 Senate testimony, were filed just before the statute of limitations expired, adding further complexity to the situation.
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Lindsey Halligan’s debut as a federal prosecutor has been met with public scrutiny due to several apparent errors in the indictment of James Comey. These errors, including clerical mistakes and grammatical errors, have sparked concerns about Halligan’s preparedness, as she has limited prosecutorial experience and was previously a private attorney for Donald Trump. The missteps could potentially weaken the government’s case, delay proceedings, and reinforce criticisms that the politically charged indictment is motivated by pressure rather than law. The outcome of this case could significantly influence public trust in the Department of Justice’s impartiality and competence.
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John Q. Hosedrinker