Hearing Set on DOJ Bid to Revive Comey, James Cases

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A federal appeals court has set a September date to hear arguments on the Trump administration's attempts to revive criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, the Washington Examiner reported.

The court will hold a hearing on Sept. 15 in Richmond, Virginia.

The cases were dismissed last fall after a judge ruled interim U.S. Attorney Lindsey Halligan, who brought the cases, was unlawfully appointed.

"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," U.S. District Judge Cameron Currie wrote in her opinion on the Comey case, the same finding she reached in the ruling in the James case.

Prosecutors had charged James with bank fraud and making false statements connected to mortgage-related financial disclosures.

The Justice Department argued on appeal that the appointment issue should not bar the court from considering the merits of the case.

Comey was charged with making false statements to Congress and mishandling official records following his departure from government.

Justice Department officials said in appellate filings that allowing dismissals to stand would set a precedent preventing prosecutions of powerful officials based on procedural missteps unrelated to guilt or innocence.

The department said the appeals are meant to clarify appointment authority and preserve the government's ability to pursue cases involving senior public figures.

Attorneys for James and Comey have accused the administration of politicizing the Justice Department, claims the White House has rejected.

Sam Barron

Sam Barron has almost two decades of experience covering a wide range of topics including politics, crime and business.

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