James Comey and Letitia James indictments DISMISSED

The unlawful appointment of Trump loyalist Lindsey Halligan dooms two cases in his retribution tour.

James Comey and Letitia James (Photos via Getty)

The cases against former FBI director James Comey and New York Attorney General Letitia James must be dismissed because Donald Trump’s former personal attorney Lindsey Halligan was unlawfully appointed as their prosecutor, a federal judge ruled on Monday.

“I agree with Mr. Comey that the Attorney General’s attempt to install Ms. Halligan as Interim U.S. Attorney for the Eastern District of Virginia was invalid,” U.S. District Judge Cameron Currie wrote. “And because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment without prejudice.”

Currie wrote nearly identical language for the ruling dismissing charges against James.

The dismissal of the charges against Comey and James without prejudice technically gives prosecutors the option to pursue another indictment, but there could be significant hurdles in that effort. In Comey’s case, the five-year statute of limitations for allegedly false statements to Congress lapsed in late September.

The government will likely argue that federal law, under 18 U.S.C. § 3288, gives them a six-month grace period to refile. Prosecutors separately argued that the statute of limitations clock paused the moment a grand jury returned an indictment, but Currie rejected that interpretation in what could become an important footnote.

“‘An invalid indictment […] cannot serve to block the door of limitations as it swings closed,’” the footnote says.

For Comey’s attorney Patrick Fitzgerald, the judge’s analysis puts the nail in the coffin of any effort to indict his client once again.

“The decision recognizes that the case was brought by someone who had no authority whatsoever to be the United States Attorney,” Fitzgerald wrote. “The decision further indicates that because the indictment is void, the statute of limitations has run and there can be no further indictment.”

“The day when Mr. Comey was indicted was a sad day for our government,” his statement continues. “Honest prosecutors were fired to clear the path for an unlawful prosecution. But today an independent judiciary vindicated our system of laws not just for Mr. Comey but for all American citizens.”

The statute of limitations against James has not lapsed, but either case would need to be pursued by a valid prosecutor.

“I am heartened by today’s victory and grateful for the prayers and support I have received from around the country,” James wrote in a statement. “I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.”

Career prosecutors in the Eastern District of Virginia have refused to pursue either case. It might be difficult for the Trump administration to find a U.S. Attorney willing to pursue these cases and meet with the approval of the Senate or the judges of the district.

“The power to appoint an interim U.S. Attorney for the Eastern District of Virginia pursuant to 28 U.S.C. § 546 during the current vacancy lies with the district court until a U.S. Attorney is nominated by the President and confirmed by the Senate under 28 U.S.C. § 541,” Currie wrote.

Read the order dismissing the cases against Comey and James.

This is a developing story…