James Comey and Letitia James Shouldn’t Celebrate Yet

AP Photo/J. Scott Applewhite

If you were angry about a rogue judge axing the cases against James Comey and Letitia James, you're not alone. But trust me, neither Comey nor James should think this is over.

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Judge Cameron McGowan Currie, a Clinton appointee, tossed out the cases on Monday, ruling that Lindsey Halligan, the prosecutor who secured the indictments from grand juries, was unlawfully appointed as acting U.S. Attorney in the Eastern District of Virginia.

James Comey was charged with lying to Congress and obstructing a congressional inquiry, stemming from claims he misled senators in 2020 about authorizing an anonymous source in the FBI’s Russia probe.

A month after his indictment, New York Attorney General Letitia James was charged with mortgage and bank fraud for representing a Virginia home she bought as her secondary residence to secure better loan terms worth nearly $19,000.

Both pleaded not guilty.

The rogue judge concluded that Attorney General Pam Bondi lacked the authority to appoint Halligan. Currie ruled that all actions flowing from Halligan's defective appointment, including securing and signing the indictments, constituted unlawful exercises of executive power and must be set aside.

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Comey, predictably, released a self-righteous video statement claiming he was the victim of a prosecution based on malevolence and incompetence. He droned on about being grateful the court ended the case against him and called the prosecution a reflection of what the Justice Department has become under Donald Trump, which he described as heartbreaking, all while giving the impression the judge’s decision was a reflection of his innocence.

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White House Press Secretary Karoline Leavitt wasn't having any of Comey's premature celebration.

During an appearance on Fox News, she warned the former FBI director to pump the brakes on his victory lap. "Well, what I will say is that everybody knows that James Comey lied to Congress," Leavitt said. "It's as clear as day, and this judge took an unprecedented action to throw these cases out to shield James Comey and Letitia James from accountability, based on a technical ruling. And the administration disagrees with that technical ruling. We believe the attorney in this case, Lindsey Halligan, is not only extremely qualified for this position, but she was, in fact, legally appointed. And I know the Department of Justice will be appealing this in very short order. So maybe James Comey should pump the brakes on his victory lap.”

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The cases were dismissed without prejudice, so the charges can still be refiled, despite the looming statute of limitations. Judge Currie suggested that, in Comey's case, refiling might not be feasible because the statute of limitations has likely expired.

Bondi confirmed Monday that the Justice Department will pursue all available legal action, including an immediate appeal, to hold both Comey and James accountable.

It ain’t over yet.

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