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Federal Judge Throws Out Comey and Letitia James Cases, Citing Illegally Appointed Prosecutor

A federal judge on Monday tossed out the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the prosecutor who brought the charges had no lawful authority to do so.

U.S. District Judge Cameron McGowan Currie dismissed both indictments after finding that Interim U.S. Attorney Lindsey Halligan — appointed by President Donald Trump — was unconstitutionally installed and therefore lacked the legal power to present the cases to a grand jury.

“Because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment without prejudice,” Currie wrote, adding that Halligan’s actions were “unlawful” and “ineffective.”

The dismissal was issued without prejudice, meaning the cases could be refiled in the future by a properly appointed U.S. attorney.

Halligan, a former White House aide with no prior prosecutorial experience, pursued the indictments over the objections of career Justice Department lawyers after Trump ousted then–U.S. Attorney Erik Siebert, who sources say resisted pursuing the charges. Her move followed Trump’s public demand that Attorney General Pam Bondi prosecute Comey, James and Rep. Adam Schiff, writing on social media that action should be taken “NOW!!!”

Following Monday’s ruling, White House press secretary Karoline Leavitt said the Justice Department intends to appeal the decision “very soon.”

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