A judge has dismissed criminal cases against Donald Trump critics James Comey and Letitia James after finding that the prosecutor was illegally appointed.
Mr Comey is the former FBI director and Ms James is New York attorney general.
In his ruling, Judge Cameron Currie said: “All actions flowing from Ms. [Lindsey] Halligan’s defective appointment, including securing and signing Mr Comey’s indictment, were unlawful exercises of executive power and are hereby set aside.
Letitia James. File Pic: AP
“The Attorney General’s attempts to ratify Ms. Halligan’s actions were ineffective and are hereby set aside.”
Mr Comey has pleaded not guilty to charges of making false statements and obstructing Congress and Ms James has pleaded not guilty to charges of bank fraud and lying to a financial institution.
Both also claimed that the cases were retaliatory actions driven by Donald Trump’s personal hostility.
“I am heartened by today’s victory and grateful for the prayers and support I have received from around the country,” Ms James said in a statement.
Her attorney, Abbe Lowell, said Ms James would “continue to challenge any further politically motivated charges through every lawful means available”.
A lawyer for Mr Comey and a Justice Department spokesperson did not immediately respond to requests for comment.
The orders make Lindsey Halligan the latest Trump administration prosecutor to be disqualified because of the manner in which they were appointed.
Please use Chrome browser for a more accessible video player
0:48
‘I am innocent,’ Comey insists after indictment
Halligan, who previously served as Mr Trump’s personal lawyer, was appointed interim US Attorney for the Eastern District of Virginia in September to oversee both investigations, despite lacking prior prosecutorial experience.
Judge Currie’s ruling follows claims from Mr Comey and Ms James that the Trump Justice Department violated the Constitution’s appointment clause and federal law by naming Halligan in September.
Mr Trump directed Attorney General Pam Bondi to appoint Halligan to the position after her predecessor, Erik Siebert, chose not to pursue charges against Mr Comey or Ms James, citing insufficient credible evidence in both cases.
Soon after taking the role, Halligan independently obtained indictments against Mr Comey and Ms James, after other career prosecutors in the office declined to be involved.
This breaking news story is being updated and more details will be published shortly.
Please refresh the page for the latest version.
You can receive breaking news alerts on a smartphone or tablet via the Sky News app. You can also follow us on WhatsApp and subscribe to our YouTube channel to keep up with the latest news.
