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Judge Dismisses Comey and Letitia James Indictments After Ruling Prosecutor Was Illegally Appointed

The court found Lindsey Halligan lacked lawful authority to bring the cases, nullifying indictments she alone presented and signed.

Overview

  • Senior U.S. District Judge Cameron McGowan Currie ruled Lindsey Halligan’s interim appointment violated federal vacancy law and the Appointments Clause, requiring the indictments to be set aside.
  • Because Halligan was the sole prosecutor to present the cases to the grand juries and the only signatory on the indictments, the court concluded her actions were invalid.
  • Both cases were dismissed without prejudice, preserving the Justice Department’s option to appeal or seek new charges, though Comey’s defense argues the statute of limitations now bars reprosecution.
  • Recent filings and a court reporter’s email have fueled disputes over grand jury procedure in the Comey case, and a magistrate judge ordered disclosure of grand jury materials after flagging possible missteps.
  • The ruling adds to a series of decisions disqualifying other Trump-installed interim U.S. attorneys, raising broader questions about prosecutions initiated under similar appointments.