A federal judge has raised significant questions about the legitimacy of the prosecutor overseeing cases against former FBI Director James Comey and New York Attorney General Letitia James, suggesting the charges against them could be dismissed.
Legal Challenge to Prosecutor's Appointment
District Judge Cameron McGowan Currie, an appointee of Bill Clinton, expressed scepticism during a Thursday hearing about the government's reasoning for appointing Lindsey Halligan as the interim US attorney for the Eastern District of Virginia. The central legal question is whether Attorney General Pam Bondi was legally permitted to make multiple temporary appointments for US attorney roles.
Comey is facing trial for allegedly making false statements to Congress, while James is charged with fraud. Both are seeking to have their cases thrown out, arguing that Halligan is not properly serving in her role because Bondi had previously appointed someone else to the position.
A Controversial Appointment
Lindsey Halligan, a longtime personal attorney for Donald Trump, was handpicked by the former president for the role despite having no prior prosecutorial experience. This challenge to her authority could result in the government's cases being dismissed entirely.
During the hearing, a Department of Justice attorney, Henry Whitaker, argued on the government's behalf, dismissing concerns over Halligan's appointment as a 'paperwork error'. He contended that 'The attorney general is entitled to multiple 120-day appointments'.
However, Judge Currie appeared unconvinced by this argument. She noted that before Congress granted the attorney general the power to appoint interim attorneys in 1986, judges traditionally filled such vacancies. 'We have about 200 years where the judges made the appointments,' she remarked.
Missing Evidence and Broader Implications
Abbe Lowell, the attorney representing Letitia James, argued that the government's position would grant it the 'perpetual ability' to appoint interim attorneys without the proper congressional oversight. US attorneys are typically nominated by the president and confirmed by a Senate vote.
Judge Currie also revealed a concerning procedural issue, noting that portions of the grand jury transcripts overseen by Halligan in the Comey case were 'missing', creating gaps in her ability to review the panel that voted to bring charges.
Lowell highlighted the potential for abuse, stating that 'even a person like Steve Bannon or Elon Musk' could have been appointed by Bondi to oversee grand juries responsible for issuing charges.
James faces federal criminal charges for allegedly making false claims on financial forms related to a mortgage, purportedly saving her close to $20,000 on a loan. Comey is charged with lying to Congress about leaking information to the media.
Judge Currie has stated that a ruling on the case is expected before Thanksgiving.
