The judge found that President Donald Trump’s appointment of interim US Attorney Lindsey Halligan in Alexandria, Virginia, was invalid.
Trump handpicked Halligan for the role amid increasing pressure to bring criminal cases against his political enemies, including Comey and James.
“The Attorney General’s attempt to install Ms. Halligan as Interim U.S. Attorney for the Eastern District of Virginia was invalid,” Judge Cameron McGowan Currie wrote in her Monday order.
According to Currie, “all actions flowing from Ms. Halligan’s defective appointment” including the indictments against Comey and James “were unlawful exercises of executive power and are hereby set aside.”
The judge tossed out the cases “without prejudice,” leaving open the possibility that the cases against Comey and James can be brought again alleging the same conduct. But McGowan Currie appeared to acknowledge in her ruling that for Comey, such a move may not be possible since the statute of limitations for his charges has now passed.
James issued a statement after the charges against her were dropped.
“I am heartened by today’s victory and…