Because the temporary U.S. attorney who brought the indictments lacked legal authority, a federal judge has dismissed the criminal charges against former FBI Director James Comey and New York Attorney General Letitia James. There remains a chance to re-file provided the correct procedures are followed, as the case against the longtime officials was dismissed without prejudice.
According to the judge’s ruling, the prosecutor was appointed in violation of federal law, making all of the acts she started, including the indictments, unlawful. The decision focuses exclusively on a basic procedural flaw and ignores Comey’s and James’s actual guilt or innocence.
Comey was accused of lying and interfering with a congressional investigation. James was accused of making false statements in connection with a real estate financing and bank fraud. Both defendants claimed that the prosecution’s attempt was politically motivated and denied any misconduct.
The Justice Department has stated that it will examine the ruling and decide whether to try new charges under a prosecutor who has been duly appointed.