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Judge Throws Out Comey and Letitia James Cases Over Unlawful Prosecutor Appointment

The Justice Department plans to appeal, with a possible refiling by a properly appointed prosecutor constrained by timing and legal hurdles.

Overview

  • U.S. District Judge Cameron McGowan Currie dismissed the indictments on November 24 after finding the acting prosecutor lacked lawful authority to bring the cases.
  • Lindsey Halligan, a former personal lawyer to President Donald Trump with no prior prosecutorial experience, was rapidly installed after predecessor Erik Siebert declined to pursue charges.
  • The dismissals were entered without prejudice, and the court signaled the government could refile if a duly appointed prosecutor takes over.
  • The Justice Department said it will appeal the ruling, while James Comey’s lawyers argue the statute of limitations likely expired in September, which could bar any renewed case against him.
  • An earlier federal judge criticized serious investigative and legal errors in the Comey matter, and critics widely characterize the prosecutions as driven by political pressure.