Case Against Former FBI Director James Comey Dismissed

skews13

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Washington — A federal judge on Monday ordered the criminal charges against former FBI Director James Comey to be dismissed on the grounds that Lindsey Halligan, the interim U.S. attorney who secured the indictment, was unlawfully appointed to the role.

The ruling from U.S. District Judge Cameron Currie is a significant victory for Comey, who has argued his prosecution is retaliatory and motivated by President Trump's efforts to punish his political foes. The Justice Department is likely to appeal Currie's ruling and ask for it to be halted.

But Comey's lawyers are seeking to have the indictment tossed out on numerous other legal grounds, including that his prosecution is vindictive and selective. A decision on that argument remains pending.

This is a developing story and will be updated.

But she has such a nice Mar A Lago kind of face.
 
Based on the appointment clause. The criminal charges were not dismissed which means that they can still be prosecuted.
Problem. At least for Comey it appears the Statute of Limitations has expired. I don't know about James and when this supposedly occurred.
 
The dismissal was based on the appointment of the Prosecutor. The charges were not set aside, so that means that another prosecutor can still bring the charges.
"I agree with Mr. Comey that the Attorney General’s attempt to install Ms. Halligan as Interim U.S. Attorney for the Eastern District of Virginia was invalid. And because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment without prejudice,"

A legally appointed one can. And they have 6 months to do it.
 
The dismissal was based on the appointment of the Prosecutor. The charges were not set aside, so that means that another prosecutor can still bring the charges.
Not is the statute of limitations has expired. Technically that was September 30. Howev er I don't know how this works for charges from an improperly appointed AG.
 
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A federal judge has thrown out the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, concluding that President Donald Trump’s handpicked prosecutor, Lindsey Halligan, was illegally appointed to the role when she singlehandedly secured the indictments.


U.S. District Judge Cameron Currie concluded that Halligan’s appointment as interim U.S. Attorney for the Eastern District of Virginia violated laws that limit the ability of the Justice Department to install top prosecutors without Senate confirmation.

Ms. Halligan has been unlawfully serving in that role since September 22, 2025,” Currie concluded in opinions simultaneously filed Monday in both cases. “All actions flowing from Ms. Halligan’s defective appointment … constitute unlawful exercises of executive power and must be set aside.”

The process is called Advice and Consent. There was not any. She no standing with the court to bring the charges and the judge correctly dismissed them.
 
Since people will inevitably accuse the judge of bias if (or when) this case collapses, here’s a clear summary of the problems with the Comey indictment.
You get a cookie if you can find a reason why any of these problems listed should not be reason to dismiss.
 
15th post
Not is the statute of limitations has expired.
Monday's order deals exclusively with the mechanism the Trump administration employed to appoint Halligan, a former White House aide with no prior prosecutorial experience, to lead one of the Justice Department’s most elite and important offices.

Halligan was named to the job in September after a different interim U.S. attorney, Erik Siebert, was effectively forced out amid pressure from the Trump administration to file charges against Comey and James.

After Siebert resigned, Comey’s lawyers argued, the judges of the federal court district should have had exclusive say over who got to fill the vacancy. Instead, Trump nominated Halligan while publicly imploring Bondi in a social media post to take action against his political opponents, saying in a Truth Social post that “JUSTICE MUST BE SERVED, NOW!!!”

Comey was indicted days later on charges of making a false statement and obstructing Congress, and James was charged soon after that in a mortgage fraud investigation.

Judges have separately disqualified interim U.S. attorneys in New Jersey, Los Angeles and Nevada, but have permitted cases brought under their watch to move forward. But lawyers for Comey and James had argued that Currie’s ruling needed to go even further because Halligan was the sole signer of the indictments and the driving force behind them.
 
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