A federal judge has dismissed the Justice Department’s cases against former FBI Director James Comey and New York Attorney General Letitia James, throwing a wrench in the prosecutions and teeing up potential legal battles over attorney appointments.
In an opinion on Nov. 24, U.S. District Judge Cameron McGowan Currie said the Justice Department unlawfully appointed Lindsey Halligan, who brought both cases, as the interim U.S. Attorney for the Eastern District of Virginia.
Here are some takeaways from her decision and what it means for the cases.
1. Judge Says 120-Day Limit Exists for Attorney Appointments
Currie’s decisions centered on a law Congress passed governing how the Justice Department could fill vacant U.S. attorney spots. Under 28 U.S.C. Section 546, federal law allows interim attorneys to serve for 120 days, further providing that district courts “may appoint” a U.S. attorney to fill vacancies at the end of that timeframe if the Senate hasn’t already appointed a replacement….