Photo: Michael M. Santiago / Getty Images News / Getty Images
A federal judge has dismissed the criminal indictment against New York Attorney General Letitia James.
On Monday (November 24), U.S. District Judge Cameron Currie ruled that former Trump attorney Lindsey Halligan, the prosecutor who brought the case against James, was unlawfully appointed and therefore lacked the authority to seek charges, per NBC News.
“This case presents the unique, if not unprecedented, situation where an unconstitutionally appointed prosecutor… acted alone in conducting a grand jury proceeding and securing an indictment,” Currie wrote in an order dismissing the case without prejudice.
In September, Halligan was appointed at Trump’s direction after he forced out acting U.S. attorney Erik Siebert, who had resisted pressure to prosecute the president's political adversaries, including James, who led several high-profile cases against him, and former FBI Director James Comey.
Halligan, described by Currie as “a former White House aide with no prior prosecutorial experience,” swiftly secured an indictment against James, charging her with one count of bank fraud and one count of making false statements to a financial institution. James pleaded not guilty to the charges, previously describing them as politically motivated.
In a statement on Monday, James praised Currie's ruling, in which she also dismissed Comey's indictment without prejudice.
“I am heartened by today’s victory and grateful for the prayers and support I have received from around the country,” she said. “I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.”
Abbe Lowell, James' attorney, said the judge’s decision underscores that “the President went to extreme measures to substitute one of his allies to bring these baseless charges after career prosecutors refused.”
James and Comey also have pending motions asking for the indictments to be dismissed with prejudice, which would prevent prosecutors from refiling them.
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