Judge tosses James Comey, Letitia James cases, rules prosecutor was illegally appointed

Geoff Bennett:

Welcome to the "News Hour."

A federal judge has dismissed the indictments against former FBI Director James Comey and New York State Attorney General Letitia James.

Amna Nawaz:

In twin rulings today, Judge Cameron McGowan Currie found the appointment of Lindsey Halligan as interim U.S. attorney was invalid and unlawful. Halligan had been handpicked by President Donald Trump to bring criminal charges against his political foes when a predecessor refused. She was then swiftly appointed as interim U.S. attorney by Attorney General Pam Bondi.

Comey reacted to the news today.

James Comey, Former FBI Director:

I'm grateful that the court ended the case against me, which was a prosecution based on malevolence and incompetence and a reflection of what the Department of Justice has become under Donald Trump, which is heartbreaking. But

I was also inspired by the example of the career people who refused to be part of this travesty. It cost some of them their jobs, which is painful, but it preserved their integrity, which is beyond price. And I know they will serve again.

Geoff Bennett:

And our White House correspondent, Liz Landers, asked Press Secretary Karoline Leavitt about this today. Here is her response.

Karoline Leavitt, White House Press Secretary:

I know there was a judge who is clearly trying to shield Letitia James and James Comey from receiving accountability. And that's why they took this unprecedented action to throw away the indictments against these two individuals.

But the Department of Justice will be appealing very soon. And it is our position that Lindsey Halligan is extremely qualified for this position, but, more importantly, was legally appointed to it.

Amna Nawaz:

NPR's national justice correspondent, Carrie Johnson, is covering the latest and joins me now.

So, Carrie, let's start with Jim Comey's case. He was charged with lying to Congress, obstructing a congressional proceeding. The judge in his dismissal wrote today: "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."

So, Carrie, to be clear, this wasn't about the charges themselves. This was about Halligan's appointment.

Carrie Johnson, Justice Correspondent, NPR:

That's right. This was about the way in which the Trump administration went about installing Lindsey Halligan, who has no prosecutorial experience, into this job.

The Constitution and federal law gives presidents a lot of power to pick U.S. attorneys and gives the Senate the power to advise the president and eventually confirm. But in cases where that isn't possible, the president can install temporary people for 120 days.

Those appointments expire after that time, and there's a complex thicket of rules and laws about how to proceed thereafter. In essence, Judge Currie in this decision said the Trump administration did this the wrong way and, as a result, the things that Lindsey Halligan did in the job, things like indicting Jim Comey, have to go away, at least temporarily.

Amna Nawaz:

And what about when it comes to the charges against Letitia James? We know Halligan also secured a federal grand jury indictment on mortgage fraud charges there.

And Letitia James actually posted a response today online, saying: "I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day."

What else should we understand about that case?

Carrie Johnson:

Yes, the Tish James case was also thrown out by the judge today using the same reasoning that Lindsey Halligan's appointment was defective.

And that being said, there's a twist with the James case that doesn't apply to the Comey case, and that's that the statute of limitations as to James Comey in his testimony to Congress in 2020 was really about to expire right around the time he was indicted. So now there's an open question as to whether Halligan will be able to or the Justice Department will be able to reindict him in a valid way.

With James, the statute of limitations has not yet expired, so there is a path for the Justice Department a little more easily at least to try to renew charges against her. Her attorney said today they're going to fight those charges if they come again.

Amna Nawaz:

And, Carrie, just for context to remind people here, we know the Comey indictment came down about five days after President Trump had posted online that Comey, James and California Democratic Senator Adam Schiff were all — quote — "guilty as hell." James was then indicted a few weeks later.

Remind us why President Trump has been pushing so hard for these indictments.

Carrie Johnson:

Well, all three of these people — and Adam Schiff has not yet been charged with any crime. He denies any kind of wrongdoing.

But Comey and James had both pleaded not guilty before their indictments were thrown out today. And they were both targeted at least in part, they say, because they had investigated Donald Trump in the past, Comey as former FBI director Trump blames for the Russia investigation.

And Tish James had proceeded with a civil fraud suit against Donald Trump and his company, winning a judgment against them. The monetary penalty has been thrown out, but that case stands. Trump is still appealing it.

Amna Nawaz:

Thirty seconds or so left here, Carrie. What do we expect to happen next?

Carrie Johnson:

Yes, it's quite possible.

Lindsay Halligan has, according to the attorney general, been appointed to a new job in the Justice Department, something called special attorney. And she may try to go ahead and get new grand juries to bring new criminal charges against Tish James and possibly Jim Comey moving forward.

Important to note, Amna, that both of these people say they were the victim of vindictive or selective prosecution, and so they have other bases to try to get those possible new charges thrown out down the road too.

Amna Nawaz:

All right, that's NPR's Carrie Johnson joining us tonight with the very latest.

Carrie, thank you.

Carrie Johnson:

Thank you.