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Judge Dismisses Comey and Letitia James Indictments Over Illegal Interim U.S. Attorney Appointment

The White House says DOJ will appeal after Judge Currie found Section 546’s 120-day limit made Lindsey Halligan’s appointment unlawful.

Overview

  • Judge Cameron McGowan Currie held that the attorney general’s interim appointment authority expired on May 21 under 28 U.S.C. § 546, shifting the power to fill the vacancy to the district court.
  • The court ruled that all actions flowing from Lindsey Halligan’s defective appointment, including securing and signing both indictments, must be set aside.
  • The cases were dismissed without prejudice, though any attempt to refile against James Comey appears constrained by an expired statute of limitations.
  • Halligan, a Trump ally with no prior prosecutorial experience, was installed after Erik Siebert resigned under pressure and quickly obtained indictments against Comey and Letitia James.
  • Separate rulings had flagged grand-jury irregularities in the Comey matter, and other courts have questioned similar Trump-era interim U.S. attorney appointments.