The criminal cases against the former FBI Director James Comey and former New York Attorney General Letitia James were dismissed by a judge on Monday.
On Nov. 19, Comey’s attorney asked the U.S. District Judge Michael Nachmanoff to dismiss the case, alleging that his indictment was influenced by political pressure from Trump. “The president’s use of the Department of Justice to bring a criminal prosecution against a vocal and prominent critic in order to punish and deter those who would speak out against him violates the Constitution,” Comey’s prosecution argued. (via livemint)
Less than a week later, on Monday, Nov. 24, the case was officially dismissed by Judge Cameron McGowan Currie. She centered his judgment on Trump‘s handpicked prosecutor, Lindsey Halligan’s improper placement as the interim U.S. attorney for the Eastern District of Virginia. He declared, “Because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment without prejudice.” (via NY Times)
Lindsey Halligan was prosecuting Letitia James, too
Lindsey Halligan was appointed as the top federal prosecutor in Alexandria, Virginia, in September after Erik Siebert resigned from the position. His resignation came just hours after Trump publicly declared that he wants him out. Reportedly, Siebert was unsure about the evidence against Comey and James to pursue a case. (via India Today)
Since Halligan was appointed the prosecutor for the case against Letitia James as well, Judge Currie dismissed her indictment as well. The decision comes as a major blow to both Trump and Attorney General Pam Bondi, who took personal interest in the cases. Both Comey and James have been vocal critics of Trump, and the president has publicly demanded their indictment before.
Can the government refile a case against Comey and James?
Since the cases were dismissed without prejudice, the Justice Department might make a move for a potential refiling. However, Halligan is now disqualified from pursuing the case as the prosecutor. She was a White House aide without prior prosecutorial experience and was probably brought on board so Trump could direct the case from his chair. But the move disastrously backfired.
Now, if Trump and Bondi decide to refile cases against Comey and James, they will have to onboard another prosecutor, hopefully this time legally. Comey was facing charges for making false statements and obstruction of Congress, while James was indicted for Bank fraud and making false statements to a financial institution. Both pleaded not guilty to the charges.
