4th Circuit Panel Questions DOJ Bid to Revive 2 Cases Against Comey and James
Updated
Updated · The Washington Post · Sep 15
4th Circuit Panel Questions DOJ Bid to Revive 2 Cases Against Comey and James
3 articles · Updated · The Washington Post · Sep 15
Summary
Two of three 4th Circuit judges signaled Tuesday they may reject the Justice Department’s effort to reinstate Virginia prosecutions of James Comey and Letitia James, which were dismissed last year.
The cases were thrown out after a district judge ruled Lindsey Halligan was illegally serving as interim U.S. attorney when she obtained the indictments, because her appointment followed another temporary chief’s full 120-day term.
Judges Albert Diaz and Henry Floyd pressed DOJ claims that presidents could keep naming temporary U.S. attorneys without Senate confirmation, while Judge Julius Richardson appeared more open to the government’s position.
The appeal reaches beyond the two defendants: DOJ says adverse rulings could cloud leadership at 14 of 93 U.S. attorney offices, after similar disqualifications in New Jersey, Nevada, Los Angeles, New Mexico and Albany.
Even if DOJ ultimately wins, Halligan has already resigned, Comey’s case may face a statute-of-limitations bar, and both defendants had other pending dismissal challenges.
Will a decades-old legal memo unravel federal criminal cases across the entire country?
Can a procedural loophole permanently shield high-profile figures from facing serious fraud and perjury charges?
Appointment Clause Crisis: DOJ’s Attempt to Revive Comey and James Cases Risks Systemic Collapse of Federal Prosecutions
Overview
The DOJ's prosecutions of James Comey and Letitia James began after U.S. Attorney Erik Siebert resigned, leading to Lindsey Halligan's controversial appointment as interim U.S. Attorney. Halligan, acting alone, secured indictments against both Comey and James, but a federal judge later ruled her appointment invalid, dismissing the cases. The DOJ appealed, but new grand juries refused to reindict James, and Comey's prosecution was blocked by expired statutes and missing evidence. These events triggered further legal battles over improper appointments in other districts, widespread staff turmoil, and a second prosecution attempt against Comey, highlighting deep flaws in the federal appointment process and its political consequences.