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Judge dismisses cases against former FBI director James Comey, NY Attorney General Letitia James

Comey was charged with lying to Congress and obstruction of a criminal proceeding, while James was accused of bank fraud and making false statements to a financial institution.
Judge dismisses criminal indictment against former FBI Director James Comey
James Comey and Letitia James
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A federal judge dismissed the cases against former FBI director James Comey and New York Attorney General Letitia James on Monday, stating that the prosecutor behind the indictments had not been lawfully appointed to her position.

Comey was charged with lying to Congress and obstruction of a criminal proceeding related to his 2020 testimony about Russian interference in the 2016 election. He pleaded not guilty.

Separately, James was accused of bank fraud and making false statements to a financial institution regarding a home she owned in Virginia. She had pleaded not guilty.

RELATED STORY | New York AG Letitia James pleads not guilty in mortgage fraud case

"I am heartened by today’s victory and grateful for the prayers and support I have received from around the country," James said in a statement after her case was dismissed. "I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day."

Her attorney, Abbe David Lowell, said in a statement, "The court’s order acknowledges what’s been clear about this case from the beginning. The President went to extreme measures to substitute one of his allies to bring these baseless charges after career prosecutors refused. This case was not about justice or the law; it was about targeting Attorney General James for what she stood for and who she challenged. We will continue to challenge any further politically motivated charges through every lawful means available."

Comey maintained he never did any wrongdoing, while James said the Trump administration was "weaponizing" the justice system as a "tool of revenge." James has sued President Trump and his administration several times.

Following Comey's indictment in September, President Donald Trump told the press, "It's about justice, really. It's not about revenge."

Last week, the interim U.S. attorney for the Eastern District of Virginia, Lindsey Halligan, was in the hot seat when a U.S. district judge questioned whether or not proper steps were taken in filing one of the two counts.

"Let me be clear that the second indictment, the operative indictment in this case that Mr. Comey faces, is a document that was never shown to the entire grand jury or presented in the grand jury room; is that correct?" the judge asked the federal prosecutors on Wednesday.

"Standing here in front of you, Your Honor, yes, that is my understanding," replied Tyler Lemons, the assistant U.S. Attorney leading Comey’s prosecution.

RELATED STORY | Federal prosecutors reverse course, now say Comey case reached a grand jury

The next day, the federal prosecutors backtracked. Halligan put out a new statement that said the grand jury approved a two-count indictment against Comey after it rejected one of the original three counts initially brought by the Justice Department.

The latest filing in Comey's case described the cause of the confusion as a "clerical inconsistency."

Nevertheless, a judge tossed out the indictments on Monday, stating Halligan had no lawful authority to present them in the first place.

Halligan, President Trump's former personal attorney, replaced the previous U.S. attorney after they reportedly expressed concerns about bringing the charges.

The Justice Department does have the option to re-file the indictments.

RELATED STORY | US attorney under pressure to charge Letitia James in mortgage fraud case has resigned