By Gabe WhisnantShareNewsweek is a Trust Project memberThe White House has responded after a federal judge dismissed the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James without prejudice on Monday.
U.S. District Judge Cameron McGowan Currie found that Lindsey Halligan had been appointed as interim U.S. Attorney just two days before Comey's case with no prior prosecutorial experience. Her disqualification renders her actions, including the signing of the indictments, legally invalid.
White House deputy press secretary Abigail Jackson said in a statement, “The facts of the indictments against Comey and James have not changed and this will not be the final word on this matter.”
...It remains unclear how the Justice Department will proceed, but the ruling sets up several possible next steps in the unusual legal fight. Because the dismissals were issued without prejudice, prosecutors could seek to revive the cases if a properly appointed U.S. attorney signs new charging documents. That option is likely to hinge on the outcome of a potential appeal, which the Justice Department is expected to consider in the coming days.
If the department chooses to appeal, the case would move to the 4th U.S. Circuit Court of Appeals, where the government would have to defend Halligan’s appointment and argue that the indictments should remain valid despite Currie’s findings. An appeal would also pause efforts by Comey and James to litigate their remaining claims, including allegations of vindictive prosecution and grand jury misconduct.
If the ruling stands, the Justice Department could attempt to refile the charges under new leadership at the U.S. attorney’s office. Defense lawyers for both Comey and James have signaled they would challenge any renewed prosecution, arguing the original process was so compromised that further cases would be tainted.
For now, the indictments against Comey and James are void, and the legal and political fallout from the rulings is expected to stretch on for months.
This is a breaking news story. Updates to follow.
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