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The Future in the James Comey and James Trials?
A pair of prominent critics of former President Trump obtained major legal victories on Monday when a US judge dismissed the federal indictments filed against them.
For weeks following their charges, former FBI Director James Comey and NY AG Letitia James have argued fiercely that they are not guilty, asserting that the administration and DOJ are simply singling out them for retaliation.
Federal Judge Cameron Currie dismissed the indictments in their cases due to prosecutor Lindsey Halligan's improper assignment as federal prosecutor. However, she left the door open for the federal authorities to refile the case.
- Court throws out cases against ex-FBI director Comey and NY attorney general James
- Federal judge states government 'missteps' may have compromised the Comey trial
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Comey admitted that possibility after the decision, stating he thinks Trump is likely to target him again.
And White House spokesperson Abigail Jackson appeared to agree: This isn't the final word on this matter.
But the DOJ confronts steep obstacles to successfully prosecute both after this defeat, and legal analysts are reluctant to predict what could happen next due to the cases' unprecedented nature.
In my view, it's unexplored legal ground, said Kay Levine, law professor at Emory University.
Might the DOJ challenge the ruling?
The Department of Justice can contest Judge Currie's ruling before a federal appeals court. In this instance, that would be the Fourth Circuit Court of Appeals.
US Attorney General Pam Bondi signaled she would pursue this option, pledging to use all available legal action, including an expedited appeal.
Previously, the former administration has aggressively appealed adverse decisions, moving cases from lower courts and sometimes fast-tracking its petitions up to the Supreme Court.
Attorney Abbe Lowell, an attorney representing James, vowed to keep fighting any additional politically driven indictments through every lawful means available.
In the event of an appeal, the justice department likely would have its own lawyers argue the case, making Halligan's role in the appeal unclear.
Is it possible there be new charges?
The federal prosecutors accused Comey with lying to Congress and obstructing justice. Federal prosecutors charged Letitia James with bank fraud and making false statements to a bank.
Each pleaded not guilty. Besides arguing Halligan's appointment was invalid, they also asserted to be targets of retaliatory legal action.
With the original indictments thrown out (though, of course, appeals could change that), the government might try to convene fresh grand juries and secure new indictments.
Based on my analysis, a new prosecutor could present James's case to a new grand jury and secure a new indictment, said Ms Levine.
But legal expert John Day, president of the American College of Trial Lawyers, said it could be a complicated path – especially in Comey's case.
I can tell you it will be strongly disputed, whether Comey's case can be re-indicted if a lawfully appointed prosecutor is assigned and is can obtain an charge.
He described the complex web of attorneys, judges, and motions involved as a legal quagmire with no simple answers.
It could be harder for the DOJ to try to file the identical accusations against Comey.
A key issue is the legal time limit – the deadline that government lawyers had to indict Comey for these particular claims – which expired at the end of September. However, the indictment's dismissal would trigger a half-year extension for the DOJ to bring the case again.
Still in that situation, his lawyers said it plans to contend the prosecution is out of time.
The ruling also suggests that since the charge is invalid, the time limit has expired and there can be no new indictment, lawyer Patrick Fitzgerald said Monday.
What is the fate of Lindsey Halligan?
In the pair of rulings on the charges against Comey and James, Judge Currie was blunt: Halligan's appointment was improper.
The judge stated in the James ruling that the AG's effort to appoint Ms. Halligan as Acting US Attorney for the Eastern District of Virginia was invalid.
Therefore, Halligan had no lawful authority to file the charges, the judge wrote.
US attorneys are proposed by the US president and require Senate approval. Federal statutes govern how people can be assigned on a interim basis, but Judge Currie found that Halligan's assignment had violated these regulations.
That leaves Halligan's position on future cases against both individuals, again, unclear.
The decision might also cast a shadow on any other cases Halligan has brought in the Virginia Eastern District where she serves.
But Bondi said on that day that she designated her a special US attorney and praised her work as outstanding.
The White House maintained its position that Halligan's appointment was legal, press secretary Karoline Leavitt told reporters on Monday.
Brian Hernandez
A passionate writer and shopping enthusiast with a keen eye for quality products and lifestyle trends.
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