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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA NORFOLK DIVISION UNITED STATES OF AMERICA, V. LETITIA A. JAMES, Criminal No. 2:25-cr-00122-JK W Defendant. OPINION AND ORDER GRANTING MOTION TO DISMISS INDICTMENT (ECE NO. 22) On October 9, 2025, Lindsey Halligan, a former White House aide with no prior prosecutorial experience, appeared before a federal grand jury in the Eastern District of Virginia. Having been appointed Interim U.S. Attorney by the Attorney General just two weeks before, Ms. Halligan secured a two-count indictment charging New York Attorney General Letitia James with bank fraud and making false statements to a financial institution. Ms. James now moves to dismiss the indictment on the ground that Ms. Halligan, the sole prosecutor who presented the case to the grand jury, was unlawfully appointed in violation of 28 U.S.C. § 546 and the Constitution's Appointments Clause. As explained below, I agree with Ms. James that the Attorney General's attempt to install Ms. Halligan as Interim U.S. Attorney for the Eastern District of Virginia was invalid. And because Ms. Halligan had no lawful authority to present the indictment, I will grant Ms. James's motion and dismiss the indictment without prejudice.
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA NORFOLK DIVISION UNITED STATES OF AMERICA, V. LETITIA A. JAMES, Criminal No. 2:25-cr-00122-JK W Defendant. OPINION AND ORDER GRANTING MOTION TO DISMISS INDICTMENT (ECE NO. 22) On October 9, 2025, Lindsey Halligan, a former White House aide with no prior prosecutorial experience, appeared before a federal grand jury in the Eastern District of Virginia. Having been appointed Interim U.S. Attorney by the Attorney General just two weeks before, Ms. Halligan secured a two-count indictment charging New York Attorney General Letitia James with bank fraud and making false statements to a financial institution. Ms. James now moves to dismiss the indictment on the ground that Ms. Halligan, the sole prosecutor who presented the case to the grand jury, was unlawfully appointed in violation of 28 U.S.C. § 546 and the Constitution's Appointments Clause. As explained below, I agree with Ms. James that the Attorney General's attempt to install Ms. Halligan as Interim U.S. Attorney for the Eastern District of Virginia was invalid. And because Ms. Halligan had no lawful authority to present the indictment, I will grant Ms. James's motion and dismiss the indictment without prejudice.
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA NORFOLK DIVISION UNITED STATES OF AMERICA, V. LETITIA A. JAMES, Criminal No. 2:25-cr-00122-JK W Defendant. OPINION AND ORDER GRANTING MOTION TO DISMISS INDICTMENT (ECE NO. 22) On October 9, 2025, Lindsey Halligan, a former White House aide with no prior prosecutorial experience, appeared before a federal grand jury in the Eastern District of Virginia. Having been appointed Interim U.S. Attorney by the Attorney General just two weeks before, Ms. Halligan secured a two-count indictment charging New York Attorney General Letitia James with bank fraud and making false statements to a financial institution. Ms. James now moves to dismiss the indictment on the ground that Ms. Halligan, the sole prosecutor who presented the case to the grand jury, was unlawfully appointed in violation of 28 U.S.C. § 546 and the Constitution's Appointments Clause. As explained below, I agree with Ms. James that the Attorney General's attempt to install Ms. Halligan as Interim U.S. Attorney for the Eastern District of Virginia was invalid. And because Ms. Halligan had no lawful authority to present the indictment, I will grant Ms. James's motion and dismiss the indictment without prejudice.
OPINION AND ORDER GRANTING MOTION TO DISMISS INDICTMENT ECF NO. 60)On September 25, 2025, Lindsey Halligan, a former White House aide with no prior prosecutorial experience, appeared before a federal grand jury in the Eastern District of Virginia.Having been appointed Interim U.S. Attorney by the Attorney General just days before, Ms.Halligan secured a two-count indictment charging former FBI Director James B. Comey, Jr. withmaking false statements to Congress and obstructing a congressional proceeding.Mr. Comey now moves to dismiss the indictment on the ground that Ms. Halligan, the soleprosecutor who presented the case to the grand jury, was unlawfully appointed in violation of 28U.S.C. § 546 and the Constitution's Appointments Clause. I agree with Mr.Comey that the Attorney General's attempt to install Ms. Halligan ... was invalid. And because Ms. Halligan had no lawful authority topresent the indictment, I will grant Mr. Comey's motion and dismiss the indictment withoutprejudice.
OPINION AND ORDER GRANTING MOTION TO DISMISS INDICTMENT ECF NO. 60)On September 25, 2025, Lindsey Halligan, a former White House aide with no prior prosecutorial experience, appeared before a federal grand jury in the Eastern District of Virginia.Having been appointed Interim U.S. Attorney by the Attorney General just days before, Ms.Halligan secured a two-count indictment charging former FBI Director James B. Comey, Jr. withmaking false statements to Congress and obstructing a congressional proceeding.Mr. Comey now moves to dismiss the indictment on the ground that Ms. Halligan, the soleprosecutor who presented the case to the grand jury, was unlawfully appointed in violation of 28U.S.C. § 546 and the Constitution's Appointments Clause. I agree with Mr.Comey that the Attorney General's attempt to install Ms. Halligan ... was invalid. And because Ms. Halligan had no lawful authority topresent the indictment, I will grant Mr. Comey's motion and dismiss the indictment withoutprejudice.
OPINION AND ORDER GRANTING MOTION TO DISMISS INDICTMENT ECF NO. 60)On September 25, 2025, Lindsey Halligan, a former White House aide with no prior prosecutorial experience, appeared before a federal grand jury in the Eastern District of Virginia.Having been appointed Interim U.S. Attorney by the Attorney General just days before, Ms.Halligan secured a two-count indictment charging former FBI Director James B. Comey, Jr. withmaking false statements to Congress and obstructing a congressional proceeding.Mr. Comey now moves to dismiss the indictment on the ground that Ms. Halligan, the soleprosecutor who presented the case to the grand jury, was unlawfully appointed in violation of 28U.S.C. § 546 and the Constitution's Appointments Clause. I agree with Mr.Comey that the Attorney General's attempt to install Ms. Halligan ... was invalid. And because Ms. Halligan had no lawful authority topresent the indictment, I will grant Mr. Comey's motion and dismiss the indictment withoutprejudice.
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