Attorney General Pam Bondi and Deputy AG Todd Blanche appealed to the 4th Circuit Monday to overturn the dismissal of criminal cases against James Comey and Letitia James, arguing that Lindsey Halligan, appointed as interim U.S. attorney, acted with proper authorization.
The appeal contends that Halligan’s indictments came from grand juries, not her alone, and that dismissing the cases over her appointment “ousts the Attorney General of her appointment authority” and improperly elevates the district court’s role.
The filing acknowledges Bondi’s defense of Halligan’s initial appointment cited the wrong statute, but calls it a “paperwork mistake” that did not prejudice the defendants and was later ratified by Bondi. Whitaker emphasized that the legal question is not whether Bondi correctly appointed Halligan, but whether Halligan was authorized by Bondi to represent the U.S. in criminal proceedings. “The answer is plainly yes,” he wrote.
The appeal challenges U.S. District Judge Cameron Currie’s ruling that Halligan’s appointment violated the 120-day limit for interim U.S. attorneys without Senate confirmation and that, because she signed the indictments, they must be voided. Bondi’s filing argues there is no evidence the grand juries would have reached different decisions even if the appointment defect had been corrected.
