James Comey, Letitia James prosecutions dismissed
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President Trump shakes hands with James Comey during a reception at the White House on Jan. 22, 2017. Photo: Andrew Harrer/Bloomberg via Getty Images
A federal judge on Monday tossed the Justice Department's cases against former FBI Director James Comey and New York Attorney General Letitia James, ruling the appointment of President Trump's hand-picked prosecutor was invalid.
Why it matters: The decision is a major rebuke of the retribution campaign against Trump's longtime enemies.
The latest: Attorney General Pam Bondi said during a Monday briefing she will "take all available legal action, including an immediate appeal."
Driving the news: Senior U.S. District Judge Cameron McGowan Currie dismissed both cases without prejudice.
- "I conclude that all actions flowing from Ms. Halligan's defective appointment, including securing and signing Ms. James's indictment, constitute unlawful exercises of executive power and must be set aside," she wrote in an order in James' case.
- She reached the same conclusion in Comey's case.
What they're saying: "I am heartened by today's victory and grateful for the prayers and support I have received from around the country," James said in a statement on the judge approving her motion to dismiss the indictment.
- "I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day."
- Comey predicted in a reel shared to Instagram that Trump will "probably come after me again." But he said his attitude will not change: "I'm innocent, I am not afraid, and I believe in an independent federal judiciary."
The other side: "Everybody knows that James Comey lied to Congress, it's as clear as day," White House press secretary Karoline Leavitt told Fox News Monday afternoon.
- "This judge took an unprecedented action to throw these cases out to shield James Comey and Leticia James from accountability based on a technical ruling. The administration disagrees with that technical ruling."
- "We believe the attorney in this case, Lindsey Halligan, is not only extremely qualified for this position, but she was, in fact, legally appointed, and I know the Department of Justice will be appealing this in very short order, so maybe James Comey should pump the brakes on his victory lap."
Catch up quick: Trump's Justice Department had rushed to secure Comey's indictment ahead of the statute of limitations that has since passed.
- Comey pleaded not guilty to charges that he lied to Congress during a 2020 hearing and obstructed the proceeding.
- James was charged with bank fraud and making false statements to a financial institution. She also pleaded not guilty and has called the case "baseless."
State of play: Trump ousted U.S. attorney Erik Siebert, who had failed to bring a case against Comey or James.
- The administration then replaced Siebert with Lindsey Halligan, who had previously worked for Trump. She is now serving as the interim U.S. attorney for the Eastern District of Virginia despite having no prosecutorial experience.
Friction point: Lawyers for Comey and James argued that Halligan's appointment violated the Constitution's Appointments Clause and the U.S. code governing U.S. attorney vacancies.
- While the attorney general may choose an interim U.S. attorney to serve for 120 days, James' and Comey's attorneys argued that the window already expired.
- They said that meant the district court, not Attorney General Pam Bondi, should have appointed an interim U.S. attorney.
Go deeper: Comey accuses Trump of "personal spite" as he seeks to dismiss case
Editor's note: This story has been updated throughout with additional information.
