Judge drops charges against Letitia James and James Comey

Federal Judge Dismisses Charges Against James Comey and Letitia James

A federal judge in South Carolina has dismissed the criminal charges against former FBI Director James Comey and New York Attorney General Letitia James. The judge ruled that the appointment of interim U.S. Attorney Lindsey Harrigan was not valid.

U.S. District Judge Cameron McGowan Curry, who was appointed by President Clinton, determined that Harrigan, who was the U.S. attorney for the Eastern District of Virginia, was “unlawfully appointed” by Attorney General Pam Bondi. This decision violated the Federal Vacancy Reform Act (FVRA), a law that outlines how to fill vacancies for positions confirmed by the Senate, including federal prosecutors.

The judge noted that the FVRA (5 USC § 3345) allows only three types of individuals to take on such roles:

The “first assistant” in the office, typically a career assistant federal prosecutor.

Currently confirmed officials from other branches of government.

A senior career Department of Justice employee with at least 90 days in a position of GS-15 or higher.

Additionally, the judge argued that Harrigan, who has a background in insurance law and was linked to former special counsel Jack Smith’s case against former President Trump, did not have the legal authority to serve as a federal prosecutor or present the case to a grand jury. Because of this lack of authority, Curry deemed the indictment invalid.

“Because Mr. Harrigan lacked legal authority to file an indictment, we grant Mr. Comey’s motion and dismiss the indictment,” Curry stated. He emphasized that all actions stemming from Harrigan’s improper appointment, including Comey’s indictment, were invalid.

Comey was dismissed by President Trump in 2017 and had a pivotal role in the Russia collusion investigation, which ultimately did not find evidence of criminal activity between the Trump campaign and Russia in 2016. He faced two felony charges for allegedly lying to Congress regarding this investigation.

Another federal judge in Alexandria pointed to an “incomplete” version of Comey’s indictment presented to the grand jury last week, highlighting significant “gaps” in the record from prosecutors.

In a separate case, Letitia James faced charges related to bank fraud, stemming from accusations that she misrepresented her permanent address to secure better loan terms. She is also under scrutiny for allegedly providing false statements to financial institutions. FHFA Director William Pulte contends that she falsified financial documents to obtain government-backed loans.

Harrigan had introduced charges against both Comey and James to a grand jury in October after being appointed as the acting U.S. attorney for the Eastern District of Virginia following Eric Siebert’s resignation. The Justice Department maintains that Harrigan’s appointment was valid despite the vacancy.