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Department of Justice appeals dismissal of Comey and James cases
The U.S. Department of Justice is appealing a federal court decision to revive criminal cases against former FBI Director James Comey and New York Attorney General Letitia James. The Fourth Circuit Court of Appeals is set to hear arguments regarding whether the indictments against both individuals were valid.
Previously, U.S. District Judge Cameron McGowan Currie dismissed the cases, ruling that the prosecutor who secured the indictments, Lindsey Halligan, was unlawfully appointed. Halligan, a former Trump aide, served as the interim U.S. Attorney for the Eastern District of Virginia after the resignation of Erik Siebert. Judge Currie determined that Halligan’s appointment violated federal law, which limits interim appointments to 120 days and does not allow for successive interim terms.
The DOJ argues that the appointment was lawful and that the 120-day period should reset with a new appointee. Conversely, lawyers for Comey and James contend that because Halligan lacked a valid appointment, all actions taken—including the indictments—are void.
James faces allegations of bank fraud and false statements on mortgage applications, while Comey faces separate charges related to a social media post. Both defendants have denied the allegations and characterized the prosecutions as politically motivated.
Entities
Department of Justice · Fourth Circuit Court of Appeals · James Comey · Letitia James · Lindsey Halligan
Claims
What the coverage asserts, and how many sources carry each claim.
- [○ 1 SOURCE] Letitia James is accused of bank fraud and making false statements on mortgage applications. www.epochtimes.com
- [● 3 SOURCES] Lindsey Halligan was unlawfully appointed as Interim U.S. Attorney for the Eastern District of Virginia. ca.news.yahoo.com · www.epochtimes.com · www.ms.now
- [● 2 SOURCES] The criminal cases against James Comey and Letitia James must be dismissed because Halligan secured the indictments herself. ca.news.yahoo.com · www.ms.now
- [○ 1 SOURCE] The indictments are void because they were obtained by an official lacking a valid appointment. www.ms.now
- [○ 1 SOURCE] The 120-day interim appointment period resets with each new appointment. www.epochtimes.com
- [● 2 SOURCES] James Comey is facing a separate federal case regarding a social media post featuring seashells arranged as '86 47'. ca.news.yahoo.com · www.epochtimes.com