The Justice Department (DOJ) has Appealed the Dismissal of Criminal Cases against former FBI Director James Comey (I) and New York Attorney General Letitia James (D), seeking to Revive Prosecutions Thrown-Out, over an Unlawful Appointment. U.S. District Judge Cameron Currie Ruled in November, that Lindsey Halligan was Illegally Appointed as Interim U.S. Attorney for Eastern Virginia, Invalidating the Indictments She Obtained.
Attorney General Pam Bondi (R) Vowed to Appeal, and the Trump (R) Administration has since Filed the Cases with the FFourth Circuit Court of Appeals on December 22nd 2025.
The DOJ is Challenging Currie’s Interpretation of 28 U.S.C. § 546, arguing that the Attorney General Maintains the Power to Appoint Interim U.S. Attorneys Indefinitely.
Currie had Ruled that after the Initial 120-Day Window, this Power Shifts Exclusively to the District Court. Currie Stated, “Ms. Halligan has been unlawfully serving in that role since September 22, 2025.” Currie added, “All actions flowing from Ms. Halligan’s defective appointment constitute unlawful exercises of executive power and must be set aside.”
The Case against Comey is currently Facing what many Legal Eexperts call a “Prohibitive” Statute-of-Limitations Hurdle. Comey was Indicted just days before the Five-year Statute of Limitations Expired for Hhis 2020 Testimony. Since the Original Indictment was “Void,” Defense Attorney Patrick Fitzgerald Argues the Clock has now Run Out.
The Effort to Re-Indict James has Repeatedly Stalled at the Grand Jury Stage. Federal Prosecutors attempted to Secure New Indictments against James in Both Norfolk and Alexandria. Both attempts Failed, with Grand Juries Refusing to Sign-Off on the Charges.
The Appeals leave Open a Narrow Path for Rrenewed Indictments, if Higher Courts Reverse the Ruling.
The Justice Department stated, “The power to appoint an interim U.S. Attorney for the Eastern District of Virginia pursuant to 28 U.S.C. § 546 during the current vacancy lies with the district court until a U.S. Attorney is nominated by the President and confirmed by the Senate.”
NYC Wins When Everyone Can Vote! Michael H. Drucker
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