A federal judge found interim U.S. Attorney Lindsey Halligan’s appointment unlawful on Monday.
Judge Cameron Currie dismissed cases against former FBI Director James Comey and New York Attorney General Letitia James, who both challenged Halligan’s appointment.
“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,” the judge 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 held that Halligan’s appointment violated the federal statute allowing the attorney general to make temporary appointments, as well as the Constitution’s Appointments Clause.
Halligan took over the Eastern District of Virginia U.S. Attorney’s office after the previous head, Erik Siebert, resigned under reported pressure from Trump to bring charges. She secured an indictment against Comey just days after taking the role, as the statute of limitations on the charges was about to expire.
Comey was indicted on two counts for allegedly making false statements to Congress and obstructing a congressional investigation. James faced two counts for bank fraud and making false statements to a financial institution.
This is a breaking news story and will be updated.
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