A federal judge on Monday dismissed the charges against former FBI Director James Comey and New York Attorney General Letitia James after the judge ruled that Lindsey Halligan, the Trump-appointed prosecutor who brought the case, was serving without lawful authority as interim U.S. Attorney for the Eastern District of Virginia. The indictment was dismissed without prejudice.
“Mr. Comey now moves to dismiss the indictment on the ground that Ms. Halligan, the sole prosecutor who presented the case to the grand jury, was unlawfully appointed in violation of 28 U.S.C. § 546 and the Constitution’s Appointments Clause. As explained below, 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,” Federal Judge Cameron McGowan Currie wrote.
