Judge throws out cases of James Comey and Letitia James, rules prosecutor’s appointment illegal

Jeff Bennett:

Welcome to the News Hour.

A federal judge has dismissed indictments against former FBI Director James Comey and New York State Attorney General Letitia James.

Amna Nawaz:

In two rulings today, Judge Cameron McGowan Currie found that Lindsay Halligan’s appointment as interim US attorney was invalid and unlawful. Halligan was chosen by President Donald Trump to bring criminal charges against his political opponents when his predecessor declined to do so. She was soon appointed as interim United States Attorney by Attorney General Pam Bondi.

Comey responded to the news today.

Former FBI Director James Comey:

I am grateful that the court ended the case against me, which was a trial based on malice, incompetence, and a heartbreaking reflection of what the Department of Justice has become under Donald Trump. but

I was also inspired by the examples of professional people who refused to be part of this farce. It has cost some of them their jobs, which is painful, but it has preserved their invaluable integrity. I know they will serve again.

Jeff Bennett:

Our White House correspondent Liz Landers asked Press Secretary Carolyn Leavitt about this today. Here is her response.

Carolyn Leavitt, White House Press Secretary:

I know there is a judge who is clearly trying to protect Letitia James and James Comey from accountability. That is why they took this unprecedented action to drop the indictments against these two individuals.

But the Ministry of Justice will resume very soon. Our position is that Lindsay Halligan is highly qualified for this position, but more importantly, she was legally appointed for it.

Amna Nawaz:

NPR’s national justice correspondent Carrie Johnson covers the latest news and joins me now.

So, Carrie, let’s start with the Jim Comey case. He was charged with lying to Congress and obstructing congressional proceedings. “All actions resulting from Ms. Halligan’s defective appointment, including obtaining and signing Mr. Comey’s indictment, were unlawful exercises of executive power and are hereby set aside,” the judge wrote in his dismissal today.

So, Carrie, to be clear, it wasn’t about the charges themselves. This was regarding Halligan’s appointment.

Carrie Johnson, NPR justice correspondent:

This is correct. It was about the Trump administration’s approach to appointing Lindsay Halligan, who had no prosecutorial experience, to the position.

The Constitution and federal law give presidents much power to choose U.S. attorneys and give the Senate the power to advise the president and ultimately confirm their appointments. But in cases where this is not possible, the president can appoint temporary persons for a period of 120 days.

These appointments expire after that time, and there is a complex set of rules and laws about how to proceed after that. In essence, Judge Currie said in that decision that the Trump administration did it the wrong way, and as a result, the things Lindsey Halligan did on the job, like indicting Jim Comey, should go away, at least temporarily.

Amna Nawaz:

What about the charges against Letitia James? We know that Halligan also got a federal grand jury indictment on mortgage fraud charges there.

In fact, Letitia James posted a response online today, saying, “I remain brave in the face of these baseless accusations as I continue to fight for New Yorkers every day.”

What else should we understand about this issue?

Carrie Johnson:

Yes, Tish James’ case was also dismissed by a judge today using the same logic that made Lindsay Halligan’s appointment flawed.

However, there is a twist in the James case that does not apply to the Comey case, which is that the statute of limitations for James Comey testifying before Congress in 2020 was about to expire around the time he was indicted. Now it’s an open question as to whether Halligan will be able to do so or whether the Justice Department will be able to properly recharge him.

For James, the statute of limitations has not expired yet, so there is a slightly easier path for the DOJ to at least try to renew the charges. Her lawyer said today that they will fight the charges if they come up again.

Amna Nawaz:

And, Carrie, just to remind people here, we know that Comey’s indictment came about five days after President Trump posted online that Comey, James and California Democratic Senator Adam Schiff were all – quote – “extremely guilty.” James was then charged a few weeks later.

Remind us why President Trump is pushing so hard for these indictments.

Carrie Johnson:

Well, all three of those people – and Adam Schiff has yet to be charged with a crime. He denies committing any kind of wrongdoing.

But Comey and James pleaded not guilty before the indictments were dropped today. They say both were targeted at least in part because they had investigated Donald Trump in the past, with former FBI director Comey blaming Trump for the Russia investigation.

Tish James filed a civil fraud suit against Donald Trump and his company, and won a judgment against them. The financial penalty has been abolished, but the issue remains. Trump is still appealing it.

Amna Nawaz:

Thirty seconds or so left here, Carrie. What do we expect to happen next?

Carrie Johnson:

Yes, it is completely possible.

Lindsay Halligan, according to the prosecutor, has been appointed to a new position at the Department of Justice, which is called a special counsel. It may try to go ahead and get new grand juries to bring new criminal charges against Tish James and possibly Jim Comey.

It’s important to note, Amna, that both people say they were victims of retaliatory or selective prosecution, so they have other grounds to try to get those potential new charges dropped as well.

Amna Nawaz:

Well, that’s NPR’s Carrie Johnson joining us tonight with the latest news.

Carrie, thank you.

Carrie Johnson:

Thank you.