Former FBI director Comey to be indicted in Virginia soon, MSNBC reports

As someone else said, she's a borderline AA pitcher with physical tools but no control or understanding of baseball suddenly called up to be an NFL starting QB.

 

[CBS News] Judge dismisses James Comey and Letitia James cases, finding prosecutor's appointment invalid

Washington — A federal judge on Monday ordered the criminal charges against former FBI Director James Comey and New York Attorney General Letitia James to be dismissed on the grounds that Lindsey Halligan, the interim U.S. attorney who secured their indictments, was unlawfully appointed to the role.

The rulings from U.S. District Judge Cameron Currie are a significant victory for Comey and James, who both argued their prosecutions are retaliatory and motivated by President Trump's efforts to punish his political foes. The Justice Department is likely to appeal the decisions and ask for them to be halted.

"I conclude that all actions flowing from Ms. Halligan's defective appointment, including securing and signing Mr. Comey's indictment, constitute unlawful exercises of executive power and must be set aside," Currie wrote in her opinion in the Comey case, a line that she repeated in her ruling in the James case.

Currie ordered the indictments to be dismissed without prejudice, which would allow prosecutors to seek charges again. It's unclear, however, whether the Justice Department could seek to secure a new indictment against Comey, since the statute of limitations for the offenses expired at the end of September.

Lawyers for both Comey and James are also seeking to have their indictments tossed out on numerous other legal grounds, including that the prosecutions are vindictive and selective. The judge overseeing Comey's case heard arguments on his motion last week but has yet to rule.

"I am heartened by today's victory and grateful for the prayers and support I have received from around the country," James said in a statement in response to the ruling. "I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day."

The judge's rulings
In her decisions, the judge found that Halligan's appointment violated both a federal law known as Section 546, which governs U.S. attorney vacancies, and the Constitution's Appointments Clause.

In evaluating the text of Section 546, Currie found that the power to name an interim U.S. attorney for the Eastern District of Virginia for 120 days to fill the current vacancy rested not with the attorney general, but with district court for the region. She wrote that if the government's interpretation of the law were correct, then the president could evade the Senate confirmation process "indefinitely" by "stacking" consecutive 120-day appointments.

"In sum, the text, structure, and history of section 546 point to one conclusion: the Attorney General's authority to appoint an interim U.S. Attorney lasts for a total of 120 days from the date she first invokes section 546 after the departure of a Senate-confirmed U.S. Attorney," Currie wrote. "If the position remains vacant at the end of the 120-day period, the exclusive authority to make further interim appointments under the statute shifts to the district court, where it remains until the President's nominee is confirmed by the Senate. Ms. Halligan was not appointed in a manner consistent with this framework."

She concluded that Halligan has been unlawfully serving as interim U.S. attorney since Sept. 22. Comey was indicted Sept. 25, and James was charged Oct. 9.

(More at link)

 

Trump continues to be bad at doing things.

 

Cue the sad trombone sound effect.

 

Lol, Trump can't even blame the failure to persecute his political enemies on his incompetent lackies. He is himself incompetent at installing incompetent lackies!

 

"Only The Best" is so laughable right now, he has surrounded himself with Idiots who are loyal.....................I will not be shocked if by the end of this he has to pardon every person that works for him, you know dam good and well behind the scenes laws are being broken left and right. That is why I am worried about Venezuela and this admis now classifying the Venezuela Prez as a Terroristic Threat, Hagsbreath wants to lead a charge and of course tramp loves to be the bully so they will pick on this country to start a war to distract from the chaos