US Department of Justice appeals dismissal of charges against Comey and James – JURIST

The US Department of Justice (DOJ) has appealed a ruling that dismissed indictments against New York Attorney General Letitia James and former FBI director James Comey.

In her order, Judge Mcgowan Currie wrote, “All actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, were unlawful exercises of executive power and are hereby set aside.”

The present case focuses on the legality of Lindsey Halligan’s appointment as Interim US Attorney for the Eastern District of Virginia.  In November, Cameron Mcgowan Currie, Senior Judge for the United States District Court for the Eastern District of Virginia, Alexandria Division, had ruled that Halligan’s appointment violated 28 U.S.C. § 546 and the Appointments Clause of the US Constitution.

After the dismissal, DOJ tried but failed to indict James, twice, in cases led by out-of-state federal prosecutors. The DOJ also was unsuccessful  indicting James on a new, third felony count of making a false statement to a financial institution.  The federal grand jury returned a no true bill (refusal to indict) and the prosecution moved to seal the record, which William B. Porter, United States Magistrate Judge, refused.

James’ attorney, Abbe Lowell, said, “This unprecedented rejection makes even clearer that this case should never have seen the light of day.  This case already has been a stain on this Department’s reputation and raises troubling questions about its integrity.”

The five-year statute of limitations on the charges against Comey ran out days after he was indicted, on charges of lying during a congressional hearing in 2020.  The original charges against James were for bank fraud and making false statements to a financial institution, based on allegations that she purchased a property in Norfolk, Virginia and falsely represented it as a second home, instead of an investment rental, to obtain better mortgage terms.