Prosecutors defiant as they appeal Comey, James dismissals
Add Axios as your preferred source to
see more of our stories on Google.
Lindsey Halligan looks on during an executive order signing in the Oval Office of the White House on March 31. Photo: Al Drago/Getty Images
The Trump Department of Justice gave notice it would appeal a judge's decision to toss the cases against James Comey and Letitia James on Friday, insisting the prosecutor deemed unlawfully appointed remains on the job.
The big picture: The administration is trying to salvage the cases after the dismissals erected a major roadblock in President Trump's quest to prosecute his political foes.
- The conundrum also suggests broader dysfunction within the loyalist-led department that's been transformed by a mass exodus of career employees, Axios' Andrew Pantazi writes.
- On Sunday, Deputy Attorney General Todd Blanche defended the disputed U.S. attorney for the Eastern District of Virginia, saying Lindsey Halligan is "still doing a great job" despite the court ruling she was not lawfully acting in that role.
Driving the news: The government filed notices Friday that it is appealing Senior District Judge Cameron McGowan Currie's orders to the 4th U.S. Circuit Court of Appeals.
- Blanche said Sunday he expects appellate review to go in the government's favor.
Friction point: But Halligan's continued service — despite a judge deeming all actions stemming from her "defective appointment" to be "unlawful exercises of executive power" — has sparked frustration among judges.
- The New York Times reported earlier this month that one judge even removed Halligan's name from a court filing, questioning the administration's argument that she could keep serving.
- DOJ leadership subsequently accused judges of waging a "campaign of bias and hostility" against the former Trump attorney.
Flashback: Attorney General Pam Bondi swiftly vowed to take "all available legal action, including an immediate appeal" to challenge the dismissals. But that formal notice of appeal didn't come for weeks.
- In the meantime, grand juries declined to again indict James — twice.
What's inside: "I conclude that all actions flowing from Ms. Halligan's defective appointment, including securing and signing" the indictments, "constitute unlawful exercises of executive power and must be set aside," McGowan Currie found in both cases last month.
- She dismissed both cases without prejudice.
- While the attorney general may choose an interim U.S. attorney to serve for 120 days, the Trump foes' attorneys argued that the window already expired.
- McGowan Currie agreed. But the administration has been adamant that Halligan is both qualified for and was legally appointed to the post.
Friction point: The indictment against Comey was secured just before the statute of limitations for the charges expired.
- In a footnote in her order, McGowan Currie said that while the return of an indictment typically pauses the statute of limitations on the charges, that is not the case for an "invalid indictment."
- But the former FBI director predicted the push to prosecute him isn't over, saying in a video statement after his case was thrown out, "I know that Donald Trump will probably come after me again."
Go deeper: Comey case judge warns potential "investigative missteps" could sink indictment
