Nov. 24 (UPI) -- A federal judge on Monday threw out criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, finding the appointment of interim U.S. Attorney Lindsey Halligan in Alexandria, Va., was "invalid."
In a 29-page ruling, U.S. District Judge Cameron Currie from South Carolina ordered the indictments to be dismissed without prejudice. That means prosecutors could to seek charges again. The Department of Justice also can appeal to a higher court or not pursue the charges.
Defense attorneys in both cases argued the 120-day period that an interim U.S. attorney is allowed to serve prior to confirmation from the Senate or approval from the district's judges had already expired when President Donald Trump directed Attorney General Pam Bondi to appoint Halligan to serve as U.S. attorney.
Halligan, who had no previous trial experience, was appointed to replace Erik Siebert, who abruptly left the post in September amid concerns he would be forced out for failing to prosecute James. Siebert, himself, was picked to be the interim U.S. attorney in January, meaning the position had already been filled for the legal limit of 120 days for in the interim.
