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Judge Weighs Legality of Interim U.S. Attorney in Comey, Letitia James Cases

A pre-Thanksgiving ruling will decide if Lindsey Halligan was lawfully installed under the Vacancies Reform Act.

Overview

  • Senior Judge Cameron McGowan Currie heard consolidated arguments in Alexandria on challenges to Halligan’s authority and said she will rule before Thanksgiving.
  • Currie questioned gaps in the grand jury record and cast doubt on Attorney General Pam Bondi’s claim she reviewed the full proceedings because portions were not transcribed.
  • The Justice Department argued any appointment defects were paperwork errors, and a spokesperson said time not transcribed reflects juror deliberations, not missing material.
  • Defense lawyers contend the government used sequential interim appointments to evade Senate confirmation, ask for dismissal with prejudice, and cite political pressure as context.
  • A magistrate judge previously ordered grand jury transcripts turned over to the defense and criticized the government for a rushed approach described as “indict first, investigate second,” underscoring risks that could lead to dismissal and rapid appeals.