Judge dismisses cases against James Comey and Letitia James over illegal prosecutor appointment

Judge dismisses cases against James Comey and Letitia James over illegal prosecutor appointment

A federal judge dismissed the criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James after ruling that the prosecutor, Lindsey Halligan, was unlawfully appointed.

U.S. District Judge Cameron Currie dismissed the criminal indictments against James Comey and Letitia James, finding that “because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment.” Halligan, a former Trump attorney, was the lone prosecutor to present and sign the indictments, and the judge ruled that “all actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, were unlawful exercises of executive power and are hereby set aside.”

The ruling also applied to James’ case, with Currie noting the “unprecedented situation where an unconstitutionally appointed prosecutor, ‘exercising power [she] did not lawfully possess,’… acted alone in conducting a grand jury proceeding and securing an indictment.” James praised the decision, saying, “I am heartened by today’s victory and grateful for the prayers and support I have received from around the country. I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.”

Both indictments were dismissed without prejudice, meaning they could be brought again at a later time.

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