Judge Dismisses James Comey And Letitia James Indictments, DOJ Set to Appeal

US District Judge Cameron Currie dismissed the federal indictments against both New York Attorney General Letitia James and former FBI Director James Comey on Monday. The Justice Department (DOJ) will appeal the ruling, according to Press Secretary Karoline Leavitt. 

The Details: Currie dismissed the indictments on the grounds that interim Attorney Lindsay Halligan was not legally appointed to prosecute the cases, citing the Constitution's Appointments Clause and federal law Section 546. Her ruling dismisses the indictments without prejudice, meaning that prosecutors may seek charges again. However, Currie suggested new charges against Comey would not be possible due to a statute of limitations that expired in September – a disputed assertion, as noted by Washington Examiner (Lean Right bias). The outlet noted, "Under 18 U.S.C. § 3288, prosecutors have six months to obtain a new indictment after a dismissal, even if the original limitations period has expired."

For Context: Halligan began serving as interim attorney on Sept. 22. Comey was indicted on one count of making a false statement and one count of obstruction of a congressional proceeding on Sept. 25. James was indicted on charges of bank fraud and making false statements to a financial institution on Oct. 9. 

Key Quotes: Currie concluded, "All actions flowing from Ms. Halligan's defective appointment, including securing and signing Mr. Comey's [and James'] indictment[s], constitute unlawful exercises of executive power and must be set aside." Leavitt said in response to the ruling, "This judge took an unprecedented action to throw these cases out to shield James Comey and Letitia James from accountability based on a technical ruling, and the administration disagrees with that technical ruling."

From The Right: News outlets on the right often framed the ruling as a politically-motivated technicality against the Trump administration. Washington Examiner, for example, said, "The rulings mark the most sweeping legal repudiation yet of Trump's effort to remake the Justice Department with loyal prosecutors," and, "Currie's ruling extends a pattern already emerging nationwide. Federal judges have ruled against similar interim appointments made by the Trump administration in at least three other states, blocking Alina Habba in New Jersey, Sigal Chattah in Nevada, and Bill Essayli in California."

From The Left: News outlets on the left alternatively framed the indictments as a politically-motivated move against Democrats – specifically those actively opposing President Donald Trump's agenda. CBS News (Lean Left), for example, stated that Comey and James "both argued their prosecutions are retaliatory and motivated by President Trump's efforts to punish his political foes," and, "Lawyers for both Comey and James are also seeking to have their indictments tossed out on numerous other legal grounds, including that the prosecutions are vindictive and selective."

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