James Comey, Letitia James Cases Dismissed

The defeat for the administration came 11 days after attorneys for both Comey and James had argued that Halligan had to be confirmed by the Senate after Attorney General Pam Bondi used up her allotted 120-day interim appointment on Erik Siebert, who resigned Sept. 19 after Trump publicly criticized him for not bringing charges against the former head of the FBI.

After Siebert’s departure, Comey’s attorneys argued, the judges of the federal court district should have had exclusive say over who got to fill the vacancy. Instead, Trump nominated Halligan while publicly imploring Bondi in a social media post to take action against Comey, James and Sen. Adam Schiff (D-Calif.), saying in a Sept. 20 Truth Social post that “JUSTICE MUST BE SERVED, NOW!!!”

The feds can try to argue on appeal that they qualify for a 6-month grace period to refile the indictment after dismissal. Though Currie addressed this in her decision, saying in a footnote that Comey’s case wouldn’t qualify for such a grace period, former federal prosecutor Neama Rahmani told The Post.

Halligan’s office can seek a new indictment against James since the statute of limitations hasn’t run out in her case — rendering Monday’s ruling a “temporary procedural win” for the Empire State’s top lawyer, Rahmani said..

Currie, a former South Carolina federal judge appointed to the bench by President Bill Clinton, heard arguments in the case Nov. 13 and indicated she was sympathetic to the defendants.

James’ defense attorney Abbe Lowell argued that the government’s position on appointments would give the Trump administration the “perpetual ability” to appoint prosecutors without the Senate having to fulfill its “advise and consent” function.

Under that theory, “even a person like Steve Bannon or Elon Musk” could have overseen the grand jury proceedings against Comey and James as Halligan did, Lowell contended.

At one point in the hearing, Currie asked prosecutor Henry Whitaker whether a Florida judge had erred in dismissing charges against Trump of hoarding national security documents at his Mar-a-Lago resort — on the grounds that then-special counsel Jack Smith was unconstitutionally appointed by then-US Attorney General Merrick Garland.

“Do you believe that US v. Trump was wrongly decided?” Currie demanded, to excited whispers from some in the courtroom gallery.

Halligan, a former pageant queen, had worked in the White House before her appointment as interim US attorney for the Eastern District of Virginia.

All three have been in the job for more than 120 days, and have not been confirmed.

However, while judges have allowed cases brought under that trio’s watch to move forward, lawyers for Comey and James had argued that Currie’s ruling needed to go even further because Halligan was the sole signer of the indictments and the driving force behind them.

“My mind is blown,” Rahmani said of the decision. “This is why you don’t have people without any experience handling these types of cases.”

“From the very beginning, especially with the Comey case, the DOJ has been on the defense because they waited until the 11th hour and they appointed a prosecutor who has no prosecution experience,” Rahmani added. “This is not how you’re supposed to prosecute a case. You leave yourself vulnerable to these sorts of attacks.”

James, 67, was accused of buying a three-bedroom, one-bathroom home in Norfolk, Va. on Aug. 17, 2020, using a $109,600 loan.

James allegedly said she would be the “sole borrower to occupy and use the property,” when in reality her grandniece lived there and paid rent, the feds claimed.

Comey, 64, was charged with lying to Congress and obstruction of justice for statements in a Sept. 30, 2020, Senate Judiciary Committee hearing about leaks to the press involving high-profile FBI probes.

Both Comey and James had pleaded not guilty and claimed they have been targeted by Trump because of their past investigations into him.