The former FBI director and New York attorney general had their cases thrown out in late November for the same reasons.
The U.S. Department of Justice (DOJ) is appealing the dismissal of a pair of criminal cases against New York Attorney General Letitia James and former FBI Director James Comey, according to new court documents filed on Friday.
James was indicted in October by a grand jury with charges of bank fraud and making false statements to a financial institution. Comey was charged in September with lying to and obstructing Congress during his testimony in 2020 about the FBI’s investigation into false claims of ties between President Donald Trump’s 2016 campaign and Russia.
Both had pleaded not guilty, and their cases were thrown out in late November.
The newest appeals by the DOJ mark the latest move in what’s been a series of unsuccessful legal actions taken against the New York attorney general specifically.
James’s original case was dismissed in late November after U.S. District Judge Cameron Currie ruled that former Trump lawyer Lindsey Halligan’s appointment by the president as interim U.S. attorney for the Eastern District of Virginia was unlawful.
The judge tossed Comey’s case for the same reason that Halligan’s appointment violated laws restricting the DOJ from naming top prosecutors without a Senate confirmation.
The DOJ vowed to continue pursuing charges.
Since the case was dismissed, DOJ prosecutors attempted twice this month to secure a new indictment against James, but a grand jury refused to bring charges both times. The New York official has repeatedly claimed the prosecution against her is “baseless.”
In the latest legal filings, the DOJ is appealing James and Comey’s case dismissals, along with several other actions, including the judge’s decision that found Halligan’s appointment and her signing of the indictments unlawful.
James’s indictment alleged that she lied about her plans for a Virginia home, for which she obtained loan terms that would have saved her approximately $19,000 over the life of the loan. Her lawyer said the indictments against James were a “mockery of our justice system” and accused the president of “political vendetta.”
The Justice Department did not immediately respond to a request for comment on the appeals.
By Troy Myers
