Extract from ABC News
James Comey was charged days after Donald Trump used social media to demand his prosecution. (AP: J. Scott Applewhite)
The criminal cases against two high-profile critics of Donald Trump — former FBI director James Comey and New York Attorney-General Letitia James — have been thrown out of court.
A judge found the former White House staffer who led the prosecutions, Lindsey Halligan, was "unlawfully appointed" to her role by Mr Trump's attorney-general, Pam Bondi.
"I agree with Mr Comey that the Attorney General's attempt to install Ms Halligan as Interim US Attorney for the Eastern District of Virginia was invalid," the judge wrote in Mr Comey's case.
"And because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr Comey's motion and dismiss the indictment without prejudice."
The case against Ms James, who had previously sued Mr Trump for defrauding New York banks and businesses, was dismissed for the same reasons.
Both Mr Comey and Ms James were charged shortly after Mr Trump used social media to instruct Ms Bondi to take action against them. "JUSTICE MUST BE SERVED, NOW!!!" he wrote in a post to "Pam" on September 20, which named both Mr Comey and Ms James.
Two days later, Ms Bondi authorised Ms Halligan's appointment to the interim US attorney position.
Three days after that, Mr Comey was indicted on charges of making a false statement and obstructing Congress during testimony he gave in 2020.
And in October, Ms James was charged with mortgage fraud, accused of falsely claiming a rental property was a second home to get a better interest rate on a loan.
On Monday, local time, District Judge Cameron McGowan Currie dismissed both cases "without prejudice", which theoretically means the Department of Justice could attempt to prosecute them again.
Ms Halligan, who was Mr Trump's choice for the role, was wrongly appointed because Ms Bondi had missed a deadline to appoint her.
Ms Bondi had already put another lawyer in the role, which triggered a 120-day deadline before Ms Bondi no longer had authority to make appointments to the position.
After that deadline, which was reached in May, only the district court could make appointments to the role.
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