The Trump administration has announced its intention to appeal a federal judge’s decision to dismiss federal indictments against former FBI director James Comey and New York Attorney General Letitia James. The ruling, issued by U.S. District Judge Cameron McGowan Currie, who was appointed by President Bill Clinton, cited similar grounds to those used by Trump to block his own indictment by Special Counsel Jack Smith.
Currie dismissed the charges against Comey and James because U.S. attorney Lindsay Halligan was improperly appointed. The judge also ruled that the cases could be refiled, as they were dismissed without prejudice. However, James and Comey are not yet out of legal trouble.
The indictment against Comey alleged that he willfully made false statements during a Senate Judiciary Committee hearing, claiming he did not authorize an anonymous source in news reports. He was also charged with obstruction of justice. According to the New American, declassified documents revealed that Comey hired Columbia University law professor Daniel Richman to promote pro-Comey content to The New York Times and offered the FBI’s “official assistance” to the newspaper.
James was indicted on mortgage fraud charges for lying about a property’s use as a residence, instead opting for rental investment. The indictment stated that she violated secondary residence requirements by allowing criminal relatives to live in the property. However, the judge dismissed the cases due to improper appointments of Halligan, who was unlawfully selected under 28 U.S.Code 546.
The Justice Department, led by U.S. Attorney General Pam Bondi, stated it would pursue legal action to hold James and Comey accountable for their “unlawful conduct,” noting that the cases could be refiled. The New York Times suggested that the dismissal might lead to a legal battle over re-filing charges with another grand jury, though the statute of limitations on Comey’s alleged actions has reportedly expired.
R. Cort Kirkwood, a long-time contributor to The New American and former newspaper editor, provided this account.
