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Justice Department to appeal dismissal of cases against Trump foes Comey, James

A U.S. Justice Department logo or seal showing Justice Department headquarters, known as "Main Justice," is seen behind the podium in the Department's headquarters briefing room before a news conference with the Attorney General in Washington, January 24, 2023. (Reuters)
By Andrew Goudsward Reuters

WASHINGTON – The U.S. Justice Department will appeal court rulings tossing out criminal cases against New York Attorney General Letitia James and former FBI Director James Comey, according to court filings on Friday, seeking to revive two cases against adversaries of President Donald Trump following a series of legal ‌stumbles.

U.S. District Judge Cameron McGowan Currie last month dismissed both cases on ‌the grounds that the prosecutor who brought ‌them, Trump ally Lindsey Halligan, was unlawfully appointed as interim U.S. Attorney for Virginia’s Eastern District.

Trump pressured the Justice Department to prosecute Comey and James as he called for ​retribution against officials who have criticized him ‌or pursued investigations into ⁠him.

Attorney General Pam Bondi said at the time the Justice Department would immediately appeal the ruling, ‌but prosecutors first considered bringing new indictments. They encountered obstacles in both cases.

Two grand juries rejected a new indictment against James on ‌mortgage-related charges, a rare rebuke for prosecutors.

A federal judge in Washington blocked prosecutors from using crucial evidence in the Comey probe without securing a new warrant, ruling ‌that investigators had improperly ​seized ‌records from a Comey lawyer and confidante.

The appeal will now put the legality of Halligan’s appointment and the validity of the two indictments before the 4th Circuit ‌U.S. Court of Appeals, based in Richmond, Virginia. Prosecutors are poised to argue the original indictments should be revived.

Comey pleaded not guilty ​to charges accusing him of making false statements and obstructing a congressional inquiry by lying in testimony before a Senate committee.

James faced charges of bank fraud and lying to a financial ⁠institution centered around allegations she misled on mortgage documents ​to secure better loan terms for a Norfolk, Virginia ⁠home.

Both officials denied the allegations and argued that the prosecutions were vindictive and brought only because of Trump’s personal animosity.