A federal judge has dismissed indictments against former FBI director James Comey and New York Attorney General Letitia James. The move should be a lesson for the White House.
On Monday, U.S. District Judge Cameron Currie, appointed in 1994 by President Bill Clinton, sided with Comey, who had argued that the prosecutor who brought the case against him, Lindsey Halligan, was appointed in illegal fashion. Because Halligan was also the sole signatory on the James indictment, the judge vacated that case, too.
“All actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, were unlawful exercises of executive power and are hereby set aside,” the judge wrote. On the James case, Judge Currie noted that Halligan had been “unconstitutionally appointed” and exercised power that she did not “lawfully possess.”
This could have been avoided had the administration followed the usual procedures in making such appointments. Instead, the White House relied on a unique interpretation of federal law to bypass Congress and install friendly U.S. attorneys, including in Nevada. But White House efforts to stretch statutes to accommodate President Donald Trump’s agenda always carried the risk of judicial rebuke.
Under the law, the attorney general may make interim appointments that last 120 days. If the Senate fails to confirm the nominee during that period, the law states, “the district court for such district may appoint a United States attorney to serve until the vacancy is filled.”