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Judge Dismisses Indictments of Comey, James
On Tuesday, a federal judge dismissed the indictments of both former FBI Director James Comey and New York Attorney General Letitia James, arguing the prosecutor who brought the cases was invalidly appointed.
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From The Epoch Times:
A federal judge on Nov. 24 dismissed indictments of former FBI Director James Comey and New York Attorney General Letitia James, holding that the prosecutor who brought the indictments was invalidly appointed.
Judge Cameron McGowan Currie of the U.S. District Court for the District of South Carolina said “all actions” flowing from the appointment of Lindsey Halligan, whom the Trump administration named as interim U.S. attorney for the Eastern District of Virginia, were “unlawful exercises of executive power and are hereby set aside.”Currie dismissed the indictments without prejudice, which typically means the claims can be brought again in another indictment. For Comey, however, the statute of limitations has already passed, so it’s questionable whether a new indictment would be possible.
Though she did not dismiss the indictments with prejudice, Currie did indicate in a footnote that the DOJ could not bring a similar indictment against Comey.
The core issue in both indictments is whether Lindsey Halligan, the interim U.S. attorney for the Eastern District of Virginia, was lawfully appointed. 28 U.S. Code Section 546 states that the attorney general can appoint interim attorneys to serve for 120 days. If the Senate does not vote to conform the interim attorney during this time, a district court may appoint an attorney to fill the vacancy.
The Justice Department has previously argued that the law allows the attorney general to appoint successive interim attorneys, each of which would serve for only 120 days. Currie disagreed, writing on Tuesday that the attorney general’s authority to appoint an interim attorney lasts for only 120 days after they first invoke section 546.
The Trump administration has, of course, vowed to appeal. But The Epoch Times notes that, should it succeed, this appeal will face multiple hurdles in the future. Both Attorney General James and Comey have filed multiple motions to dismiss, and Comey’s case in particular has already encountered several issues.
As the Trump administration appeals, let’s pray for justice to prevail!
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(Excerpt from The Epoch Times. Photo Credit: Zolnierek/Getty Images via Canva Teams)
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