Appeals Judges Skeptical of Reviving Comey, James Cases
Appeals Judges Skeptical of Reviving Comey, James Cases
The News
A three-judge Fourth Circuit panel heard the Justice Department's bid Tuesday to revive the dismissed indictments of former FBI Director James Comey and New York Attorney General Letitia James — and judges pressed hard on whether the prosecutor who brought the charges was lawfully in the job.
Both cases were thrown out last November after a federal judge ruled that interim U.S. Attorney Lindsey Halligan had been illegally appointed, according to The Epoch Times and the Washington Post.
The judges expressed skepticism about whether Halligan's appointment was lawful, the Washington Examiner reported.
The Legal Question
An attorney general may keep an interim U.S. attorney in place for 120 days. The fight is over whether an administration can reset that clock by naming successive interim prosecutors — effectively bypassing Senate confirmation indefinitely.
Timeline
Halligan is appointed interim U.S. attorney after the previous interim attorney resigns.
A federal judge rules Halligan's appointment unlawful and dismisses the indictments against Comey and James.
The Justice Department asks a three-judge Fourth Circuit panel to reinstate both indictments, arguing Attorney General Pam Bondi's later ratification of the charges cured any appointment defect. The Trump administration also argues Halligan should return to the U.S. attorney post, Politico reported.
Reactions
Senior Circuit Judge Henry Floyd cut to the statute during argument: "120 days means 120 days."
Two of the three panel judges appeared skeptical of the Justice Department's position, and the panel also pressed the government's lawyer on Judge Aileen Cannon's dismissal of the Mar-a-Lago documents case, Law and Crime reported.
The Justice Department defended Halligan and asked the panel to put both indictments back in place.
What's Next
The panel set no timeline for a ruling. It can uphold the dismissals, reinstate the indictments, or land somewhere in between on the ratification argument.
The Supreme Court may decide in the coming months whether to hear a Nevada case involving appointed U.S. Attorney Sigal Chattah that raises the same 120-day question. A ruling there could effectively decide the Comey and James appeals.
More
Comey and James are two of the most prominent Trump critics charged by his Justice Department, and the Washington Post noted the Virginia charges against them were tossed a year ago on the appointment defect alone — not on the merits.
A ruling that broadly limits interim appointments would reach beyond these two cases and could affect prosecutorial capacity across multiple districts.
Poll
Should the appeals court reinstate the Comey and James indictments?
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