Aw, what a shame.
Lindsey Halligan was appointed after President Donald Trump urged Attorney General Pam Bondi to prosecute the former FBI director and New York attorney general.
www.nbcnews.com
A federal judge on Monday dismissed the criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James after finding the prosecutor who brought the cases
, former Trump attorney Lindsey Halligan, was not lawfully appointed.
U.S. District Judge Cameron Currie said that she agreed with Comey, who moved to dismiss the case on the grounds that Halligan's appointment was illegal
"Because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment," Currie
wrote in finding that Halligan lacked the authority to present a case to a grand jury.
"All actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, were unlawful exercises of executive power and are hereby set aside," the judge wrote, describing the insurance lawyer as "a former White House aide with no prior prosecutorial experience."
She issued a separate, similar
ruling dismissing the James case.
“This case presents the unique, if not unprecedented, situation where an unconstitutionally appointed prosecutor, 'exercising power [she] did not lawfully possess,’… acted alone in conducting a grand jury proceeding and securing an indictment,” the ruling said.
Because Halligan, who was appointed interim U.S. attorney for the Eastern District of Virginia at President Donald Trump's direction, was the only prosecutor to present the cases and sign the indictments, the indictments should be voided, the judge found.
The Justice Department did not immediately respond to a request for comment on the ruling.
James praised the ruling in a statement.
“I am heartened by today’s victory and grateful for the prayers and support I have received from around the country. I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day,” James said.
Both indictments were dismissed "without prejudice," meaning they could be brought again at a later time.
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