The US Department of Justice (DOJ) on Friday appealed a ruling that dismissed indictments against New York Attorney General Letitia James and former FBI director James Comey.

The case focuses on the legality of Lindsey Halligan’s appointment as Interim US Attorney for the Eastern District of Virginia.  In November, Cameron Mcgowan Currie, senior judge for the Eastern District of Virginia, Alexandria Division, ruled that Halligan’s appointment violated 28 U.S.C. § 546 and the Appointments Clause of the US Constitution. In her order, Judge Currie wrote: “All actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, were unlawful exercises of executive power and are hereby set aside.”

After the dismissal, the DOJ tried but failed to indict James twice, in cases led by out-of-state federal prosecutors. The DOJ also was unsuccessful in indicting James on a new third felony count of making a false statement to a financial institution.  The federal grand jury returned a “no true bill” (refusal to indict) and the prosecution moved to seal the record, which US Magistrate Judge William B. Porter refused.

James’ attorney, Abbe Lowell, said: “This unprecedented rejection makes even clearer that this case should never have seen the light of day.  This case already has been a stain on this Department’s reputation and raises troubling questions about its integrity.”

The five-year statute of limitations on the charges against Comey ran out days after he was indicted, on charges of lying during a congressional hearing in 2020.  The original charges against James were for bank fraud and making false statements to a financial institution, based on allegations that she purchased a property in Norfolk, Virginia and falsely represented it as a second home, instead of an investment rental, to obtain better mortgage terms.