A federal judge has dismissed criminal charges against former FBI Director James Comey and New York Attorney General Letitia James, citing the unlawful appointment of the prosecutor who brought the cases. U.S. District Judge Cameron McGowan Currie ruled that the appointment of Interim U.S. Attorney Lindsey Halligan was unconstitutional, rendering her actions ineffective.
In her ruling, Judge Currie stated, "Because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey's motion and dismiss the indictment without prejudice." This dismissal allows for the possibility of the cases being refiled by a properly appointed U.S. attorney.
Halligan, who was appointed by former President Donald Trump, sought the indictments against Comey and James despite opposition from career prosecutors. Critics allege that Trump pressured the Justice Department to pursue these charges as part of a broader campaign against his political adversaries. Comey has pleaded not guilty to charges of false statements and obstruction related to his testimony before Congress in 2020.
James, who has been involved in multiple legal actions against Trump, also pleaded not guilty to charges of mortgage fraud. Prosecutors allege she misrepresented a property purchase in Virginia to secure a lower mortgage rate. James maintains that the property was intended for her great-niece and that she allowed her family to live there rent-free.
Following the ruling, James expressed gratitude for the support she received, stating, "I am heartened by today's victory and grateful for the prayers and support I have received from around the country. I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day."
The judge's decision raises questions about the future of the cases, particularly for Comey, as the statute of limitations for his charges is set to expire soon. His legal team argues that the time limit has already passed. In contrast, the allegations against James fall within a longer statute of limitations, which could allow for potential re-indictment.
The White House has indicated plans to appeal the ruling, with press secretary Karoline Leavitt accusing the judge of using a technicality to protect Comey and James from accountability. "Everybody knows that James Comey lied to Congress. It’s as clear as day," Leavitt stated. She emphasized that the Justice Department would pursue an appeal soon.
In a footnote of her ruling, Currie suggested that the Justice Department may not be able to bring the same charges against Comey again due to the expiration of the five-year statute of limitations. However, the allegations against James remain viable for prosecution.
Patrick Fitzgerald, one of Comey's defense attorneys, hailed the dismissal as a victory for the judicial system, stating, "Today an independent judiciary vindicated our system of laws not just for Mr. Comey but for all American citizens."
Chad Mizelle, a former chief of staff at the Justice Department, criticized the judge's decision, arguing that the indictments were ratified by senior DOJ leadership and that Halligan was properly appointed. He predicted that an appeal would follow, asserting that Comey and James are not off the hook.
In a statement following the ruling, Comey expressed relief but anticipated further legal challenges, saying, "I know that Donald Trump will probably come after me again. And my attitude is going to be the same: I'm innocent, I am not afraid, and I believe in an independent federal judiciary."
New York City Mayor-elect Zohran Mamdani expressed excitement over the dismissal of charges against James, highlighting the political implications of the ruling. James has been a vocal critic of Trump, and her legal battles have drawn significant public attention.
The judge's ruling underscores ongoing tensions surrounding the use of the Justice Department in political disputes, particularly as Trump continues to face scrutiny for his actions while in office. The legal landscape remains uncertain as the Justice Department prepares to appeal the dismissal of charges against Comey and James.

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