This Isn’t Over

Previously, we reported that the DOJ had launched a grand jury investigation into New York Attorney General Letitia James and that U.S. Attorney General Pam Bondi was also investigating James for mortgage fraud. Then, just two months ago, we told you how former FBI Director James Comey had been indicted on felony charges for making false statements to Congress and for obstructing an official congressional proceeding.

Well, both of those cases just got an unexpected reset.

A far-Left judge dismissed the indictments against both former FBI Director James Comey and New York Attorney General Letitia James – both key figures in the political prosecution of President Donald Trump. However, White House Press Secretary Karoline Leavitt said that the Trump DOJ will appeal the dismissals. And AG Bondi also promised that an “immediate appeal” is forthcoming.

As reported by the New York Post:

Attorney General Pam Bondi vowed to appeal Monday’s ruling by a federal judge to dismiss the Virginia criminal cases against former FBI Director James Comey and New York Attorney General Letitia James.

“We’ll be taking all available legal action, including an immediate appeal to hold Letitia James and James Comey accountable for their unlawful conduct,” Bondi said at a press conference in Memphis.

Earlier Monday, US District Judge Cameron Currie dismissed the pair of cases against Comey and James, finding that interim US Attorney Lindsey Halligan was improperly appointed to her position and “had no lawful authority” to secure indictments of either of President Trump’s longtime adversaries. 

Halligan, Trump’s pick for prosecutor, has not been confirmed by the US Senate. She stepped in on Sept. 22 as interim US Attorney for the Eastern District of Virginia after the previous interim prosecutor, Erik Siebert, was pushed out after failing to prosecute Comey and James.

Essentially, as we signed off the air yesterday, a judge dismissed both federal indictments, citing an obscure technicality tied to how interim U.S. Attorneys are appointed. Not the facts of the cases. Not the evidence. But a proceduralissue.

The interim U.S. Attorney had reached the end of her 120-day limit, but the Senate still hadn’t confirmed a permanent replacement yet. So President Trump appointed another interim U.S. Attorney. Under the judge’s reading of the statute, the clock doesn’t “restart” with a second interim appointment.

Therefore, the indictments – though properly presented to grand juries – had to be dismissed.

But while some on the Left may be celebrating this news as a blow to Trump, here’s the key: dismissed is not the same as over. Under 18 U.S.C. § 3288, the DOJ has 60 days to take the same evidence back to a grand jury and re-seek indictments. And the DOJ has already said it plans to appeal the ruling.

Of course, we heard from Comey himself – via one of his now-signature dramatic webcam videos. In the video he referred to the case against him as “a prosecution based on malevolence and incompetence.” It is almost Shakespearean. But even Comey seemed almost to acknowledge this isn’t over. This didn’t feel like a victory lap. No big celebration. He knows the law better than most, and he clearly understands the door is still wide open for these charges to return.

And as my brother, ACLJ Executive Director Jordan Sekulow, pointed out, neither Comey nor James has been cleared of anything. This is indeed far from over. What happens now is the DOJ can appeal the judge’s interpretation of the interim-appointment rules. Even if they lose the appeal, they still get the 60-day window to reindict. And in both cases, the government has already successfully secured indictments once.

So, if anything, rather than the end of the government’s case against Comey or James, this is more like a reset. The DOJ will appeal. The DOJ can refile. And both Comey and James still face the same allegations that led grand juries to indict them in the first place.

Today’s Sekulow broadcast included more analysis of this latest legal maneuver from the Left to undermine the Trump Administration. We were also joined by ACLJ Senior Counsel for Global Affairs Mike Pompeo to discuss reports that a peace agreement between Russia and Ukraine may have taken another step closer to becoming a reality. We also spoke to U.S. Special Presidential Envoy Ric Grenell and KC Crosbie, Co-Chair of the Republican National Committee. 

Watch the full broadcast below: