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DOJ Appeals Dismissed Comey and James Indictments After Halligan Ruling

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DOJ files appeals to Fourth Circuit seeking indictment revival The Justice Department submitted appeals to the Fourth Circuit to overturn Judge Currie’s dismissal of the Comey and James cases, arguing that the charges remain viable despite the procedural flaw identified in Halligan’s appointment [1]. The filings aim to keep both prosecutions alive while the department explores alternative legal pathways. The appeals were lodged shortly after the department’s unsuccessful attempt to secure new indictments on December 4 and 11 [1].

Judge Currie declares Halligan’s interim appointment unlawful Currie ruled that Lindsey Halligan’s September 22 appointment as interim U.S. attorney violated federal law and the Constitution’s Appointments Clause [1]. Halligan, a former member of former President Trump’s defense team, was installed by Attorney General Pam Bondi, prompting the judge to dismiss the pending charges against Comey and James [1]. The decision hinges on the requirement that principal officers be appointed with Senate confirmation, which was bypassed in this case [1].

Indictments target Comey’s congressional testimony and James’s mortgage fraud Comey faces two counts related to statements he gave before Congress in September 2020, while James is charged with mortgage fraud tied to a Virginia property [1]. Both defendants entered not‑guilty pleas immediately after the indictments were issued [1]. The prosecutions were initially accelerated after former President Trump urged swift legal action against perceived political opponents [1].

Statute of limitations and case‑specific hurdles shape next moves Comey’s case may be blocked by a nearly expired five‑year statute of limitations, creating a significant procedural obstacle [1]. In contrast, James’s mortgage‑fraud charge appears more likely to survive the appeal, given its later filing date [1]. The DOJ’s strategy now focuses on convincing the appellate court that the dismissals were reversible and that the underlying conduct remains prosecutable [1].

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