US Department of Justice appeals dismissal of James, Comey indictments

By Chris Strohm

 

The US Justice Department is appealing the dismissal of indictments against New York Attorney General Letitia James and former FBI Director James Comey, after a judge concluded the prosecutor who brought the cases had been appointed to the post illegally when she was handpicked by President Donald Trump. 

In separate court filings late Friday, the department said it is asking the US Court of Appeals for the Fourth Circuit to nullify rulings last month by US District Judge Cameron McGowan Currie about voiding the appointment of Lindsey Halligan as US attorney for the Eastern District of Virginia. 

 

As part of that decision, the judge dismissed the indictment Halligan obtained from a grand jury charging James with mortgage fraud and a separate indictment she got against Comey for allegedly lying to Congress and obstruction related to testimony he gave in 2020.

 

The Justice Department had said earlier it would appeal Currie’s ruling, but since then, prosecutors have tried and failed twice to convince other grand juries to approve the charges against James. 

 

Comey’s lawyer declined to comment on the department’s appeal. Spokespersons for James’ legal team and the US attorney in the Eastern District of Virginia didn’t immediately respond when asked for comment.

 

Trump abruptly installed Halligan in September after her predecessor resigned under pressure to bring charges against Comey and James. Attorney General Pam Bondi decided how to appoint Halligan, who then was the lone prosecutor to secure separate grand jury indictments against both of them.