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Lawyers for former FBI Director James Comey and New York Attorney General Letitia James have requested that a judge dismiss their criminal indictments, arguing that Lindsey Halligan's appointment as U.S. attorney for the Eastern District of Virginia was unlawful. The legal challenge centers on Halligan's appointment by Attorney General Pam Bondi, which occurred at President Donald Trump's urging. Halligan, who lacks prior prosecutorial experience, was appointed after the resignation of Erik Siebert, who faced pressure to indict Comey and James.
At a hearing in Alexandria, Virginia, U.S. District Judge Cameron Currie expressed skepticism about the legality of Halligan's appointment. The judge plans to issue a decision by Thanksgiving. Lawyers for Comey and James argue that Halligan's appointment violated the Constitution's Appointments Clause, which governs federal official appointments, including interim positions.
The Justice Department, represented by attorney Henry Whitaker, defended Halligan's appointment, describing any issues as a "paperwork error." Whitaker argued that Bondi's awareness of the material facts was sufficient to ratify Halligan's appointment. However, Currie questioned the validity of Bondi's review, noting missing sections in the grand jury transcript.
Comey has pleaded not guilty to charges of making a false statement and obstructing Congress, while James has pleaded not guilty to mortgage fraud charges. Both argue that the prosecutions are politically motivated, stemming from Trump's personal animus. Critics claim the indictments are part of a pattern of retribution against Trump's perceived adversaries.
The outcome of this legal challenge could have significant implications for the cases against Comey and James. If the judge rules in their favor, the indictments could be dismissed, preventing the government from bringing charges against them again.
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