A federal judge dismissed the government’s case against former FBI director James Comey after finding the sole prosecutor was not lawfully serving in her role.
Judge Cameron McGowan Currie ruled that Interim U.S. Attorney for the Eastern District of Virginia Lindsey Halligan was “unlawfully appointed” by President Donald Trump and Attorney General Pam Bondi. She said that Halligan “had no lawful authority” to bring charges against Comey. Futhermore, Currie said that Halligan’s assignment amounted to a political appointment with the goal of prosecuting Comey.
“It would mean the government could send any private citizen off the street — attorney or not — into the grand jury room to secure an indictment so long as the attorney general gives her approval after the fact,” Currie wrote. “That cannot be the law.”
Comey’s case had been heavily criticized by other judges prior to Currie’s dismissal. Judge William Fitzpatrick said Halligan took “profound missteps” in prosecuting the case, said she had an “indict first, investigate later” approach to the case. In later hearings, it came to light that Halligan never showed the full indictment to the grand jury that indicted Comey in September, which called the legality of the case into question.
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Currie dismissed the case without prejudice, meaning that Trump administration can file the case again within six months. However, the question of who will bring the case remains. A previous US attorney resigned rather than try the case.
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