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- The Justice Department will appeal dismissals of cases against New York state Attorney Letitia James and former FBI Director James Comey.
- U.S. District Judge Cameron McGowan Currie dismissed the cases due to an unlawful appointment.
- Appeal challenges the appointment legality of Lindsay Halligan and seeks to revive the original indictments.
WASHINGTON — The Justice Department will appeal court rulings tossing out criminal cases against New York state Attorney General Letitia James and former FBI Director James Comey, according to court filings on Friday, seeking to revive two cases against adversaries of President Donald Trump following a series of legal stumbles.
U.S. District Judge Cameron McGowan Currie last month dismissed both cases on the grounds that the prosecutor who brought them, Trump ally Lindsey Halligan, was unlawfully appointed as interim U.S. attorney for Virginia's Eastern District.
Trump pressured the Justice Department to prosecute Comey and James as he called for retribution against officials who have criticized him or pursued investigations into him.
Attorney General Pam Bondi said at the time the Justice Department would immediately appeal the ruling, but prosecutors first considered bringing new indictments. They encountered obstacles in both cases.
Two grand juries rejected a new indictment against James on mortgage-related charges, a rare rebuke for prosecutors.
A federal judge in Washington blocked prosecutors from using crucial evidence in the Comey probe without securing a new warrant, ruling that investigators had improperly seized records from a Comey lawyer and confidante.
The appeal will now put the legality of Halligan's appointment and the validity of the two indictments before the 4th Circuit U.S. Court of Appeals, based in Richmond, Virginia. Prosecutors are poised to argue the original indictments should be revived.
Comey pleaded not guilty to charges accusing him of making false statements and obstructing a congressional inquiry by lying in testimony before a Senate committee.
James faced charges of bank fraud and lying to a financial institution centered around allegations she misled on mortgage documents to secure better loan terms for a Norfolk, Virginia, home.
Both officials denied the allegations and argued that the prosecutions were vindictive and brought only because of Trump's personal animosity.
