A federal choose threw out the indictment towards New York State Legal professional Normal Letitia James on Monday, ruling that the Trump administration had acted “unlawfully” in appointing the prosecutor who introduced the case, Lindsey Halligan.
REUTERS/Jeenah Moon/File Photograph
A federal choose threw out the indictment towards New York State Legal professional Normal Letitia James on Monday, ruling that the Trump administration had acted “unlawfully” in appointing the prosecutor who introduced the case, Lindsey Halligan.
Senior U.S. District Decide Cameron Currie dominated in favor of James’ movement to dismiss the monetary fraud indictment as a result of Trump had improperly appointed Halligan to function the interim U.S. legal professional for the Northern District of Virginia. The appointment, Currie stated, violated the Appointments Clause of the U.S. Structure.
Each motion that Halligan took, together with the James indictment, was tainted and due to this fact thought of “unlawful exercises of executive power,” Decide Currie stated. She threw out the indictment towards James “without prejudice,” that means that authorities prosecutors may re-file the case.
For a similar causes, Decide Currie additionally threw out one other indictment Halligan secured towards former FBI Director James Comey.
The appointment of Lindsey Halligan, seen right here on this 2023 photograph her cellphone exterior a Justice Division workplace, was “unlawful” and violated the Appointments Clause of the U.S. Structure, in accordance with federal Decide Cameron Currie.REUTERS/Sarah Lynch/File Photograph
James applauded the choose’s resolution in a press release on Monday during which she maintained the fees introduced towards her have been “baseless” from the start.
“I am heartened by today’s victory and grateful for the prayers and support I have received from around the country,” the state legal professional basic stated. “I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.”
Halligan shepherded the indictment towards James, who had introduced quite a few civil circumstances towards President Trump and his enterprise group through the years. The federal costs, launched in October, accused James of allegedly claiming a second dwelling in Norfolk, VA, as a way to get hold of a good mortgage charge.
Trump, who campaigned for reelection partially on a vow of retribution after being indicted 4 instances in three totally different courts since his first time period within the White Home led to 2021, has repeatedly assailed James and Comey on social media and at political rallies as partisan enemies.
James sought to dismiss the indictment towards her as a result of Halligan acted as the only prosecutor who introduced the case to a grand jury. Halligan assumed the position of interim U.S. legal professional for the Northern District of Virginia on Sept. 22, at U.S. Legal professional Normal Pam Bondi’s route. On Oct. 9, Halligan obtained the grand jury indictment towards James.
Throughout a subsequent listening to on the case, Decide Currie ordered the federal authorities to supply data concerning Halligan’s direct involvement within the indictment. She subsequently acquired transcripts of the proceedings which confirmed solely Halligan’s opening and shutting remarks, and her presentation of proof and witness testimony.
James’ authorized group argued that Halligan ought to by no means have been appointed interim U.S. Legal professional, because the Trump administration lacked the correct authority to take action, having already exhausted its interim appointment authority with Erik Siebert, who served as interim U.S. Legal professional for the Northern District of Virginia between January and Could 2025. Absent of a Senate-confirmed U.S. Legal professional appointee, the district court docket is answerable for choosing an interim prosecutor for the publish.
Decide Currie agreed with James’ argument in her 26-page ruling issued on Nov. 26, calling Halligan’s appointment to the interim U.S. Legal professional publish “defective,” and that the Trump administration had exceeding its govt authority.
“In light of these principles, I conclude that all actions flowing from Ms. Halligan’s defective appointment, including securing and signing Ms. James’s indictment, constitute unlawful exercises of executive power and must be set aside,” Currie wrote. “There is simply ‘no alternative course to cure the unconstitutional problem.’”
With reporting by Shane O’Brien and Reuters
