Federal Judges Weigh Case for Dropping Trump-Era Charges Against James and Comey
A high-stakes hearing is set to take place in Virginia today, where former FBI director James Comey and New York Attorney General Letitia James will make a case before Judge Cameron Currie to have their indictments dropped. The two high-profile figures are facing charges of bank fraud and lying to a financial institution, as well as false statements and obstructing Congress for Comey.
Their defense hinges on the legitimacy of Lindsey Halligan's appointment as interim US attorney for the eastern district of Virginia, which was made at Trump's request despite concerns from Halligan's predecessor about the lack of evidence to support the charges against both men. Halligan is now handling both cases after being appointed by Bondi in September.
Attorneys for Comey and James will argue that Halligan's appointment violates a federal law limiting interim US attorneys to just 120 days, bypassing the Senate confirmation process. This would allow prosecutors like Halligan to serve indefinitely without facing scrutiny from lawmakers.
If Halligan is deemed unlawfully appointed, it could invalidate the charges against both men, as he was the sole prosecutor in both cases. The Department of Justice, however, plans to argue that Halligan's appointment was lawful, citing no explicit or implicit prohibitions on additional appointments.
This case has significant implications for the validity of Trump-era charges and comes amid concerns about the use of encrypted messaging apps by prosecutors like Halligan. The hearing marks the first time a judge will consider one of several efforts to dismiss indictments before trials.
A high-stakes hearing is set to take place in Virginia today, where former FBI director James Comey and New York Attorney General Letitia James will make a case before Judge Cameron Currie to have their indictments dropped. The two high-profile figures are facing charges of bank fraud and lying to a financial institution, as well as false statements and obstructing Congress for Comey.
Their defense hinges on the legitimacy of Lindsey Halligan's appointment as interim US attorney for the eastern district of Virginia, which was made at Trump's request despite concerns from Halligan's predecessor about the lack of evidence to support the charges against both men. Halligan is now handling both cases after being appointed by Bondi in September.
Attorneys for Comey and James will argue that Halligan's appointment violates a federal law limiting interim US attorneys to just 120 days, bypassing the Senate confirmation process. This would allow prosecutors like Halligan to serve indefinitely without facing scrutiny from lawmakers.
If Halligan is deemed unlawfully appointed, it could invalidate the charges against both men, as he was the sole prosecutor in both cases. The Department of Justice, however, plans to argue that Halligan's appointment was lawful, citing no explicit or implicit prohibitions on additional appointments.
This case has significant implications for the validity of Trump-era charges and comes amid concerns about the use of encrypted messaging apps by prosecutors like Halligan. The hearing marks the first time a judge will consider one of several efforts to dismiss indictments before trials.