DOJ Challenges Court Decision to Drop Charges Against Comey and James Over Illegally Appointed U.S. Attorney
The Department of Justice announced it would appeal a judge’s decision to dismiss criminal cases against former FBI director James Comey and New York Attorney Letitia James, insisting that the prosecutor, who was ruled unlawfully appointed by the court, remains in office.
Deputy Attorney General Todd Blanche stated he expects the government to win the appellate review.
The appeal follows repeated efforts by U.S. Attorney for the Eastern District of Virginia Lindsey Halligan and Justice Department attorneys to secure a new indictment against James without success.
Blanche defended Halligan, asserting she is “still doing a great job” despite a court ruling that her appointment as interim U.S. attorney violated federal law and the Constitution’s Appointments Clause.
U.S. District Judge Cameron Currie ruled Halligan’s appointment was unlawful and ordered the criminal charges against Comey and James to be dismissed. In his opinion, Currie concluded that all actions flowing from Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, constituted unlawful exercises of executive power and must be set aside.
Republican leadership has accused judges of a “campaign of bias and hostility” against the former Trump attorney.
The administration maintains Halligan is both qualified for and legally appointed to the role. While the attorney general may choose an interim U.S. attorney to serve for 120 days, attorneys opposing Trump’s decision argued that the window had already expired — a point with which Judge Currie agreed.
