Key facts
- A U.S. appeals court is weighing the Justice Department's bid to reinstate criminal cases against James Comey and Letitia James.
- The cases were dismissed last year by a judge who ruled prosecutor Lindsey Halligan was not lawfully appointed.
- The DOJ argues the judge's interpretation would limit the attorney general's ability to appoint interim U.S. Attorneys.
- Comey and James's lawyers argue the DOJ's stance would allow indefinite interim appointments without Senate approval.
- The prosecutions were initiated after President Donald Trump publicly called for action against Comey and James.
A U.S. appeals court in Richmond, Virginia, heard arguments Tuesday on the Justice Department's effort to reinstate criminal cases against former FBI Director James Comey and New York Attorney General Letitia James. The cases were dismissed last year by U.S. District Judge Cameron McGowan Currie, who ruled that prosecutor Lindsey Halligan was not lawfully appointed to an interim term as U.S. Attorney for the Eastern District of Virginia.
During the hearing, U.S. Circuit Judge Albert Diaz questioned the Justice Department's interpretation of the statute governing interim appointments, suggesting it could allow a president to bypass the Senate's advice and consent power through a "succession of appointments." Acting Attorney General Jeffrey Whitaker admitted this was a logical conclusion under the DOJ's reading. Trump-appointed Judge Julius Richardson, however, suggested Congress could revise the statute if an executive abused the power.
The Justice Department argues that Currie's decision would unduly restrict the attorney general's authority to appoint interim U.S. Attorneys, potentially impacting the functioning of 94 federal prosecutor's offices. Lawyers for Comey and James contend that the DOJ's stance would allow the president to circumvent the Senate's confirmation process, potentially enabling indefinite interim terms.
The prosecutions were initiated after President Donald Trump publicly called for action against Comey and James. Trump had previously fired Comey as FBI director during an investigation into Russian interference in the 2016 election, and James had sued Trump and his family business for fraud. Both Comey and James have denied wrongdoing, alleging they were targeted as part of a retribution campaign.