Charges Dismissed Against 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, citing the improper appointment of interim U.S. Attorney Lindsey Harrigan.
The ruling, made by U.S. District Judge Cameron McGowan Curry, emphasized that Harrigan’s appointment by Attorney General Pam Bondi was unlawful under the Federal Vacancy Reform Act (FVRA). This legislation dictates the permissible methods to temporarily fill positions that require Senate confirmation, such as U.S. attorneys.
Judge Curry detailed that the FVRA allows only a limited number of individuals to step in as acting officials, including:
- The “first assistant” in the office who is typically a career assistant federal prosecutor.
- Officials from other branches of government who have been confirmed by the Senate.
- A senior career employee from the Department of Justice who has held a GS-15 or higher position for at least 90 days.
He pointed out that Harrigan, previously an insurance lawyer, lacked the legal standing to assume the role of federal prosecutor or to take the case to a grand jury. Thus, Curry concluded that the indictment itself was invalid.
“Because Mr. Harrigan lacked legal authority to file an indictment, we grant Mr. Comey’s motion and dismiss the indictment,” Curry stated. He indicated that all actions resulting from Harrigan’s flawed appointment, including the indictment of Comey, were unlawful and reversed.
Comey, dismissed by President Trump in 2017, was central to the investigation into alleged collusion between the Trump campaign and Russia during the 2016 election. He faced two felony charges related to claims of lying to Congress regarding this investigation.
In a related case, another federal judge criticized the grand jury process, pointing out significant gaps in the indictment presented last week.
The case surrounding Letitia James involved allegations of bank fraud connected to misrepresentations about her permanent address to secure favorable loan conditions, alongside claims of making false statements to financial institutions. Meanwhile, FHFA Director William Pulte accused her of falsifying bank documents and real estate records to obtain government-backed loans.
Harrigan had brought both cases to a grand jury in October after being appointed as acting U.S. attorney for the Eastern District of Virginia. This followed Eric Siebert’s resignation from the position. The Justice Department maintains that Harrigan’s appointment was valid due to the vacancy left by Siebert’s departure.
Potential Next Steps
Because the dismissal came without prior notice, it remains possible for the government to pursue re-prosecution against both defendants. This development could be forthcoming.
