Conquer Club

Case against Comey appears to be on shaky ground as judge questions prosecutor's handling of indictment

Washington — The Justice Department's criminal case against former FBI Director James Comey appears to be on shaky ground as a judge Wednesday repeatedly questioned federal prosecutors about the validity of the indictment returned by a grand jury and how it was handled by interim U.S. Attorney Lindsey Halligan.

During a hearing on Comey's bid to have the charges tossed on the grounds his prosecution is vindictive and selective, U.S. District Judge Michael Nachmanoff pressed government lawyers for clarity about the events that surrounded the grand jury proceedings on Sept. 25, when it voted to indict Comey on two counts related to testimony he provided to Congress in September 2020. He has pleaded not guilty.

Judge tosses indictments against James Comey and Letitia James
The judge ruled that the appointment of the prosecutor in the case was invalid.

A federal judge on Monday dismissed the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James on the grounds that the appointment of the U.S. attorney who brought the indictments was invalid.

The judge dismissed the charges without prejudice, meaning the cases could potentially be refiled by an appropriately appointed U.S. attorney.

U.S. District Judge Cameron McGowan Currie concluded that the appointment of Interim U.S. Attorney Lindsey Halligan was unconstitutional and that her actions bringing the case were "unlawful" and "ineffective."